HomeMy Public PortalAboutAgreement_2009-02-18_Los Angeles Regional Interoperable Communications System (LA RIC)_ Joint Power AgreementRESOLUTION NO. 09-4593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY APPROVING THE LOS ANGELES
REGIONAL INTEROPERABLE COMMUNICATIONS
SYSTEM (LA-RICS) JOINT POWERS AGREEMENT (JPA),
AUTHORIZING THE CITY'SMEMBERSHIP IN THE LA-RICS
AUTHORITY; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE JPA AGREEMENT
WHEREAS, the City of Temple 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 Temple City, acting independently, has limited resources to construct
such a communications network providing these capabilities; and
WHEREAS, a Joint Powers Agreement (JPA), intended to create an Authority to coordinate
a countywide radio communications system for law enforcement and bre communications, has
been drafted; and
WHEREAS, the City Council 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 Temple City does hereby resolve as follows:
SECTION 1.Pursuant to the City's authority under the Joint Exercise of Powers Act in California
Government Code Section 6500 et. seq., the Los Angeles Regional 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,
SECTION 2. The City Manager is authorized and directed to execute the JPA to effectuate the intent of
this Resolution.
SECTION 3. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution
signifying its adoption and the City Clerk, or her duly appointed deputy, is directed to attest
thereto.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED on thls 17th day of February, 2009.
12,1
Mayor
ATTEST'
City Clerk
LA -RIGS
The Los Angeles
Regional Interoperable
Communications System
Authority
.Joint Powers Agreement
January 2009
LA -RIGS JPA 2009.01-05
The Los Angeles Regional Interoperable Communications System Authority
Joint Powers Agreement
Table of Contents
RECITALS.......................................................................................................................1
Article I
-GENERAL PROVISIONS................................................................................1
1.01
Purpose...........................................................................................................1
1.02
Creation of Authority........................................................................................2
1.03
Membership in the Authority............................................................................2
1.04
Term................................................................................................................2
Article ll
- Board of Directors...........................................................................................3
2.01
Composition of the Board................................................................................3
2.02
Appointment of Directors.................................................................................3
2.03
Purpose of Board.............................................................................................4
2.04
Specific Responsibilities of the Board..............................................................5
2.05
Startup Responsibilities...................................................................................6
2.06
Meetings of the Board.....................................................................................7
2.07
Minutes............................................................................................................7
2.08
Voting..............................................................................................................7
2.09
Quorum; Required Votes; Approvals...............................................................7
Article III - OFFICERS, EMPLOYEES AND ADVISORY COMMITTEES ........................8
3.01
Chairperson, Vice -Chairperson and Secretary ................................................8
3.02
Treasurer.........................................................................................................8
3.03
Auditor.............................................................................................................9
3.04
Bonding of Persons Having Access to Property..............................................9
3.05
Other Employees.............................................................................................9
3.06
Privileges and Immunities from Liability...........................................................9
3.07
Advisory Committees.......................................................................................9
3.08
Membership of Advisory Committees............................................................10
3.09
Meetings of Advisory Committees.................................................................10
3.10
Officers of Advisory Committees...................................................................10
Article1V
-POWERS ....................................................................................................10
4.01 General Powers.............................................................................................10
4.02 Power to Issue Bonds....................................................................................10
4.03 Specific Powers.............................................................................................11
4.04 Limitation on Exercise of Powers...................................................................12
4.05 Obligations of Authority.................................................................................12
4.06 Additional Powers to be Exercised................................................................12
LA-RICS JPA 2009.01-05
The Los Angeles Regional Interoperable Communications System Authority
Joint Powers Agreement
Table of Contents
Article V - CONTRIBUTIONS; ACCOUNTS AND REPORTS; FUNDS ......................... 12
5.01
Adoption of Funding Plan..............................................................................12
5.02
Contributions.................................................................................................13
5.03
Accounts and Reports...................................................................................13
5.04
Funds............................................................................................................13
16
5.05
Sharing of Frequencies.................................................................................14
5.06
Violations.......................................................................................................14
5.07
System Components.....................................................................................14
5.08
Adverse Impacts on System..........................................................................15
Article VI - WITHDRAWAL AND TERMINATION..........................................................15
6.01
Withdrawal by Members................................................................................15
6.02
Financial Liabilities of Withdrawing Members................................................16
6.03
Retention of Assets by Withdrawing Members..............................................16
6.04
Termination of Authority and Disposition of Authority Assets ........................
16
Article VII
-MISCELLANEOUS PROVISIONS..............................................................17
7.01
Notices..........................................................................................................17
7.02
Amendment; Addition of Members................................................................18
7.03
Fiscal Year....................................................................................................18
7.04
Consents and Approvals...............................................................................18
7.05
Amendments to Act.......................................................................................18
7.06
Enforcement of Authority...............................................................................18
7.07
Severability....................................................................................................18
7.08
Successors....................................................................................................19
7.09
Assignment....................................................................................................19
7.10
Governing Law..............................................................................................19
7.11
Headings.......................................................................................................19
7.12
Counterparts..................................................................................................19
7.13
No Third Party Beneficiaries..........................................................................19
7.14
Filing of Notice of Agreement........................................................................19
7.15
Conflict of Interest Code................................................................................19
7.16
Indemnification ..............................................................................................19
7.17
Dispute Resolution/Legal Proceedings..........................................................20
Exhibit A — Members
LA -RIGS JPA 2009-01-05
Joint Powers Agreement to Establish
The Los Angeles Regional
Interoperable Communications System Authority
THIS JOINT POWERS AGREEMENT (the "Agreement") is made as of the Effective
Date by and between the public agencies set forth in Exhibit A.
Each public agency executing this Agreement shall be referred to individually as
"Member," with all referred to collectively as "Members."
RECITALS
Whereas the Members require wide area and interoperable communications, and
Members acting independently have limited resources to construct a communications
network providing these capabilities; and,
Whereas the Members have determined that working in concert to share radio
communications resources is in the public interest, as doing so would provide the most
effective and economical radio communications network for all participating public
agencies; and,
Whereas the Members agree that the collective goal is to evaluate, establish, and
participate in a public safety radio network to meet or enhance current public safety
radio communications needs of Members and to provide an architecture capable of
expanding to meet future needs; and,
Whereas, the Members have the authority under the Joint Exercise of Powers Act, in
California Government Code Section 6500 et. seq., (the "Act") to enter into this
Agreement.
NOW, THEREFORE, in consideration of the recitals and mutual obligations 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-RICS JPA 2009.01-05 Page 1
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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 separate and 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 and/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.
1.04 Term.
This Agreement shall become effective, and the Authority shall come into existence,
when each of the following occurs (the "Effective Date"):
(a) The Agreement is authorized and executed by the City of Los Angeles and the
County of Los Angeles; and
(b) Forty-five days has elapsed after the authorization and execution of the
Agreement by both the City of Los Angeles and County of Los 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.
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LA-RICS
Article II - Board of Dlrectors.
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 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. The City of Long Beach
11. The Los Angeles Area Fire Chiefs Association
12. The Los Angeles County Police Chiefs Association
13. The California Contract Cities Association
14. At Large
15. At Large
16. At Large
17. At Large
2.02 Appointment of Directors
(a) Each of the officials listed in 1 through 9 above may appoint one Director and
one Alternate Director to the Board when the agency such official represents
becomes a Member.
(b) The City of Long Beach may appoint one Director and one Alternate Director to
the Board when the City of Long Beach becomes a Member.
(c) 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 the Authority.
(d) The California Contract Cities Association may appoint one Director and one
Alternate Director to the Board when at least one member of the Association
becomes a Member of the Authority. In order to participate in the selection process,
Association members must also be Members of the Authority.
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Joint Powers Agreement
(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) Within fifteen (15) 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, or
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.
0) An Alternate Director may act in their Director's absence and shall exercise all
rights and privileges of a Director.
(k) Each Director and each Alternate Director shall serve at the pleasure of the
appointing authority and may be removed by the appointing authority at any time
without notice.
(1) Notice of any removal or appointment of a Director or Alternate Director shall be
provided in writing to the Chair of the Board.
2.03 Purpose of Board.
The general purpose of the Board is to:
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(a) Provide structure for administrative and fiscal oversight;
(b) Identify and pursue funding sources;
(c) Set policy,
(d) Maximize the utilization of available resources; and
(e) Oversee all Committee activities.
2.04 Specific Responsibilities of the Board.
The specific responsibilities of the Board shall be as follows:
(a) Identify participating entities needs and requirements;
(b) Develop and implement a funding plan (the "Funding Plan") for 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;
(d) Hire necessary and sufficient staff and adopt personnel rules and regulations;
(e) Adopt rules for procuring supplies, equipment and services;
(f) Adopt rules for the disposal of surplus property;
(g) Establish committees as necessary to ensure that the interests and concerns of
each user agency are represented and to ensure operational, technical and financial
issues are thoroughly researched and analyzed;
(h) Provide for System implementation and monitoring;
(i) Determine the most appropriate and cost effective maintenance plan for the
System;
0) Provide for System maintenance;
(k) Adopt and revise System operating policies and procedures, as well as
technical and maintenance requirements;
(1) Review and adopt recommendations regarding the establishment of System
priorities and talk groups;
(m) Address concerns of all System user agencies;
(n) Oversee the establishment of long-range plans;
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LA-RICS
(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 this 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 timeframe or, if
no time is specified, within a reasonable time:
(a) To establish within three (3) months of the Effective Date of this Agreement 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:
(1) A plan specifying a means or formula for determining 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, operation and maintenance of the System; such Funding Plan
shall include an allocation of costs among the Members, subscribers, and
other funding sources;
(c) To establish System participation pricing including start-up costs, and ongoing
SubscriberlMember unit pricing to cover System operations, technical upgrades, and
System replacement reserves;
(d) To encourage other governmental and quasi -governmental agencies, including
but not limited to, the State and Federal government, and special districts, to
participate in IA-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 and maintain necessary insurance.
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2.06 Meetings of the Board.
Joint Powers Agreement
(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 later than the time of posting, the Secretary shall provide
notice and the agenda to each Member, Director and Alternate Director.
(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 of the Board and shall, as
soon as practicable after each meeting, cause a copy of the minutes to 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 Director. No absentee ballot or proxy shall be
permitted.
2.09 Quorum; Required Votes; Approvals.
A majority of the appointed Directors shall constitute a quorum of the Board for 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;
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(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.
Article III - OFFICERS, EMPLOYEES AND ADVISORY COMMITTEES
3.01 Chairperson, 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 Vice -Chairperson or Secretary so elected resigns from
such office or his/her represented Member ceases to be a Member of the Authority, the
resulting vacancy shall be filled at the next regular meeting of the Board held after such
vacancy occurs or as soon as practicable thereafter. Succeeding officers shall perform
the duties normal to said offices. The Chairperson shall sign all contracts on behalf of
the Authority, and shall perform such other duties as may be imposed by the Board. In
the absence of the Chairperson, the Vice -Chairperson shall sign contracts and perform
all of the Chairperson's duties.
3.02 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 forth in the Act. For grants awarded to Members or third parties for use with the
System, the Treasurer will work with the Member or third party to put in place
appropriate fiscal controls to meet the grant requirements.
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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 public 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 extent while engaged in the performance of any of
the functions and other duties of such officers, agents or employees under this
Agreement. None of the officers, agents or employees directly employed by the Board
shall 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 Members.
3.07 Advisory Committees.
The Board shall establish the following Advisory committees:
(a) Operations Committee — 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 to 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.
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(c) Finance Committee — The Finance Committee's primary purpose is to review
and recommend to the Board:
(1) .The Funding Plan;
(2) A fiscal year budget; and
(3) Financial policies and procedures to ensure equitable contributions by
Members.
(d) Legislative Committee — The Legislative Committee's primary purpose is to
review and recommend to the Board a plan for securing funding from state and
federal governments and to advise the Board on regulatory and legislative matters.
3.08 Membership of Advisory Committees.
Each Director shall appoint one voting member to each Advisory Committee,
3.09 Meetings of Advisory Committees.
All meetings of each Advisory Committee shall be held in accordance with the Ralph M.
Brown Act. For the purposes of convening meetings and conducting business, unless
otherwise provided in the bylaws, a majority of the members of the committee shall
constitute a quorum for the transaction of business, except that less than a quorum or
the secretary of each Advisory Committee may adjourn meetings from time4o4ime. As
soon as practicable, but no later than the time of posting, the Secretary of the
Committee shall provide notice and the agenda to each Member, Director and Alternate
Director.
3.10 Officers of Advisory Committees.
Unless otherwise determined by the Board, each Advisory Committee shall choose its
officers, comprised of a Chairperson, a Vice -Chairperson and a Secretary.
Article IV - POWERS
4.01 General Powers.
The Authority shall have the powers common to the Members and which 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 a
public entity separate from the Members.
4.0.2 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, including the power to issue
bonds thereunder.
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J o i n t P o w e r s A g r e e m e n t
4 . 0 3 S p e c i f i c P o w e r s .
T h e A u t h o r i t y i s h e r e b y a u t h o r i z e d , i n i t s o w n n a m e , t o p e r f o r m a l l a c t s n e c e s s a r y f o r
t h e e x e r c i s e o f t h e f o r e g o i n g p o w e r s , i n c l u d i n g b u t n o t l i m i t e d t o , a n y o r a l l o f t h e
f o l l o w i n g :
( a ) T o m a k e a n d e n t e r i n t o c o n t r a c t s , i n c l u d i n g b u t n o t l i m i t e d t o , a g r e e m e n t s f o r
t h e p u r p o s e o f a c q u i r i n g r e a l a n d f o r p e r s o n a l p r o p e r t y , e q u i p m e n t , e m p l o y m e n t
c o n t r a c t s a n d p r o f e s s i o n a l s e r v i c e s a g r e e m e n t s ;
( b ) T o m a k e a n d e n t e r i n t o c o n t r a c t s w i t h s u b s c r i b e r s w h o d e s i r e t o u t i l i z e t h e
S y s t e m f o r t h e i r p r i m a r y r a d i o c o m m u n i c a t i o n s a n d a f f i l i a t e s w h o d e s i r e t o u t i l i z e t h e
S y s t e m o n l y f o r m u t u a l o r a u t o m a t i c a i d ;
( c ) T o a c q u i r e , c o n s t r u c t , m a i n t a i n , o r o p e r a t e t e l e c o m m u n i c a t i o n s s y s t e m s o r
s e r v i c e a n d t o p r o v i d e t h e e q u i p m e n t n e c e s s a r y t o d e l i v e r p u b l i c s e r v i c e s t h e r e f r o m ;
( d ) T o a c q u i r e , c o n s t r u c t , m a n a g e , m a i n t a i n o r o p e r a t e a n y b u i l d i n g , w o r k s o r
i m p r o v e m e n t s ;
( e ) T o a c q u i r e , h o l d , l e a s e , o r d i s p o s e o f p r o p e r t y ;
( f ) T o e m p l o y o r e n g a g e c o n t r a c t o r s , a g e n t s , o r e m p l o y e e s ;
( g ) T o s u e a n d b e s u e d i n i t s o w n n a m e ;
( h ) T o a p p l y f o r , r e c e i v e a n d u t i l i z e g r a n t s a n d l o a n s f r o m f e d e r a l , s t a t e o r l o c a l
g o v e r n m e n t s o r f r o m a n y o t h e r a v a i l a b l e s o u r c e i n o r d e r t o p u r s u e t h e p u r p o s e s o f
t h e A u t h o r i t y ;
( i ) T o i s s u e b o n d s a n d t o o t h e r w i s e i n c u r d e b t s , l i a b i l i t i e s a n d o b l i g a t i o n s , p r o v i d e d
t h a t n o s u c h b o n d , d e b t , l i a b i l i t y o r o b l i g a t i o n s h a l l c o n s t i t u t e a d e b t , l i a b i l i t y o r
o b l i g a t i o n t o t h e i n d i v i d u a l r e s p e c t i v e M e m b e r s ;
0 ) T o i n v e s t a n y m o n e y i n t h e t r e a s u r y , p u r s u a n t t o t h e A c t , w h i c h i s n o t r e q u i r e d
f o r t h e i m m e d i a t e n e c e s s i t i e s o f t h e A u t h o r i t y , a s t h e A u t h o r i t y d e t e r m i n e s i s
a d v i s a b l e , i n t h e s a m e m a n n e r a n d u p o n t h e s a m e c o n d i t i o n s a s l o c a l a g e n c i e s ,
p u r s u a n t t o S e c t i o n 5 3 6 0 1 o f t h e C a l i f o r n i a G o v e r n m e n t C o d e ; a n d
( k ) T o p r o m u l g a t e , a d o p t , a n d e n f o r c e a n y r u l e s a n d r e g u l a t i o n s , a s m a y b e
n e c e s s a r y a n d p r o p e r t o i m p l e m e n t a n d e f f e c t u a t e t h e t e r m s , p r o v i s i o n s , a n d
p u r p o s e s o f t h i s A g r e e m e n t .
L A - R I C S J P A 2 0 0 9 . 0 1 - 0 5 P a g e 1 1
����������+ j ) J o i n t P o w e r s A g r e e m e n t
���� L A - R I C S
4 . 0 4 L i m i t a t i o n o n E x e r c i s e o f P o w e r s .
A l l c o m m o n p o w e r s e x e r c i s e d b y t h e B o a r d s h a l l b e e x e r c i s e d i n a m a n n e r c o n s i s t e n t
w i t h , a n d s u b j e c t t o , t h e r e s t r i c t i o n s a n d l i m i t a t i o n s u p o n t h e e x e r c i s e o f s u c h p o w e r s a s
a r e a p p l i c a b l e t o t h e C o u n t y o f L o s A n g e l e s , a s m a y b e a m e n d e d f r o m t i m e t o t i m e .
4 . 0 5 O b l i g a t i o n s o f A u t h o r i t y .
T h e d e b t s , l i a b i l i t i e s a n d o b l i g a t i o n s o f t h e A u t h o r i t y s h a l l n o t b e t h e d e b t s , l i a b i l i t i e s a n d
o b l i g a t i o n s o f t h e M e m b e r s . I n a d d i t i o n , p u r s u a n t t o t h e A c t , n o D i r e c t o r s h a l l b e
p e r s o n a l l y l i a b l e o n t h e b o n d s o r s u b j e c t t o a n y p e r s o n a l l i a b i l i t y o r a c c o u n t a b i l i t y b y
r e a s o n o f t h e i s s u a n c e o f b o n d s .
4 . 0 6 A d d i t i o n a l P o w e r s t o b e E x e r c i s e d .
I n a d d i t i o n t o t h o s e p o w e r s c o m m o n t o e a c h o f t h e M e m b e r s , t h e A u t h o r i t y s h a l l h a v e
t h o s e p o w e r s t h a t m a y b e c o n f e r r e d u p o n i t b y s u b s e q u e n t l y e n a c t e d l e g i s l a t i o n .
A r t i c l e V - C O N T R I B U T I O N S ; A C C O U N T S A N D R E P O R T S ; F U N D S
5 . 0 1 A d o p t i o n o f F u n d i n g P l a n .
I t i s a c r i t i c a l g o a l o f t h e A u t h o r i t y t o d e v e l o p a F u n d i n g P l a n t h a t i d e n t i f i e s f u n d i n g
s o u r c e s a n d m e c h a n i s m s , i n c l u d i n g a d e v e l o p m e n t s c h e d u l e a n d p h a s i n g p l a n , w h i c h
w i l l p e r m i t t h e m a x i m u m f e a s i b l e p a r t i c i p a t i o n b y M e m b e r s . T h e F u n d i n g P l a n s h a l l b e
d e s c r i p t i v e a s t o t h e c o n t r i b u t i o n s r e q u i r e d f r o m M e m b e r s .
P r i o r t o c o m m i t t i n g r e s o u r c e s f o r t h e c o n s t r u c t i o n o f t h e S y s t e m , a p r o p o s e d F u n d i n g
P l a n a s d e s i g n a t e d i n S e c t i o n 2 . 0 5 ( b ) ( 2 ) s h a l l b e d e v e l o p e d .
I n o r d e r f o r t h e F u n d i n g P l a n t o b e c o n s i d e r e d b y t h e M e m b e r s p r i o r t o i t s a d o p t i o n , t h e
B o a r d s h a l l d i s t r i b u t e t h e p r o p o s e d F u n d i n g P l a n t o M e m b e r s p u r s u a n t t o S e c t i o n 7 . 0 1 .
T h e p r o p o s e d F u n d i n g P l a n s h a l l b e a c c o m p a n i e d b y a d e s c r i p t i o n o f t h e S y s t e m , a n d
r e p o r t s a n d s t u d i e s t o a l l o w M e m b e r s t o d e t e r m i n e t h e S y s t e m c a p a b i l i t y , c o s t ,
f i n a n c i n g a n d t h e e f f e c t s o n i n d i v i d u a l M e m b e r s . T h e B o a r d s h a l l a l s o d e s i g n a t e a
p e r i o d , w h i c h s h a l l b e n o t l e s s t h a n 6 0 d a y s , d u r i n g w h i c h M e m b e r s m a y p r o v i d e
c o m m e n t s t o t h e B o a r d r e g a r d i n g t h e p r o p o s e d F u n d i n g P l a n .
A f t e r t h e c o m m e n t p e r i o d h a s e x p i r e d , t h e B o a r d m a y :
( a ) A d o p t t h e F u n d i n g p l a n a s p r o p o s e d ;
( b ) R e v i s e t h e F u n d i n g P l a n t o a d d r e s s s o m e o r a l l o f t h e M e m b e r c o m m e n t s ; o r
( c ) R e c o n s i d e r t h e F u n d i n g P l a n a t a l a t e r d a t e .
L A - R I G S J P A 2 0 0 9 - 0 1 - 0 5 P a g e 1 2
Joint Powers Agreement
L A-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, assessment, fee or charge under any
circumstances.
5.03 Accounts and Reports.
The Treasurer shall establish and maintain such funds and accounts as may be
required by good accounting practice or by any provision of any trust agreement
entered into with respect to the proceeds of any bonds issued by the Authority. The
books and records of the Authority in the hands of the Treasurer shall be open to
inspection at all reasonable times by duly appointed representatives of the Members.
The Treasurer, within 180 days after the close of each fiscal year, shall give a complete
written report of all financial activities for such fiscal year to the Members.
5.04 Funds.
The Treasurer shall receive, have custody of and/or disburse Authority funds in
accordance with the laws applicable to public agencies and generally accepted
LA-RICs JPA 2009-01-05 Page 13
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