Loading...
HomeMy WebLinkAbout08. Adopt Reso Approving Membership w-LA Area Regional Training Group JPA & Approve AgmtAPPROVED I ■ HONORABLE MAYOR AND MEMBERS OF FROM: OFFICE OF BY: MARK GILLASPIE, FIRE CHIEF DATE: 6 APPROVESUBJECT: LOS ANGELES AREA REGIONAL TRAINING GROUP JOINT POWERS AGREEMENT iS ANGELES AREA REGIONAL TRAINING GROUPJOINT POWERS 2. ADOPT RESOLUTION NO. APPROVING MEMBERSHIP WITHIN THE LOS AUTHORIZEANGELES AREA REGIONAL TRAINING GROUP (RTG) JOINT POWERS AUTHORITY. 3. i EXECUTE THE JPA AGREEMENT AND TO REASONABLETAKE SUCH •P REQUIRED TO IMPLEMENT THE INTENT OF THE AGREEMENT. There are 30 fire departments within Los Angeles County and each fire chief has membership within the Los Angeles Area Fire Chiefs Association (LAAFCA). LAAFCA recognized the need for regional training more than a decade ago and established the Regional Training Group (RTG), which is largely supported through Homeland Security grant funds. By establishing the RTG Joint Powers Agreement (JPA), the Los Angeles Region is on the cusp of developing the next major cooperative nationally recognized Fire Service program which will continue regional training far beyond the availability of federal grant dollars. Several years ago, LAAFCA established a vision to create and operate a nationally recognized regional training and education program. Through this initiative to develop regional training for the ever-changing fire service environment, the RTG has proven to be quite successful at creating, conducting and evaluating regional training through multi - agency integration. The outcomes have been remarkable and are indeed a force multiplier in comparison to what a local, independent fire department can accomplish within its own training apparatus. Currently 9,000 professional firefighters within LAAFCA's sphere of influence serve a population of well over 10 million people and the RTG efforts have ramped up resource leverage, have increased the capacity of first responders and specialty teams to handle the most critical work required in the event of terrorism or other disaster and have become a State, if not Nationally recognized initiative. LOS ANGELES REGIONAL TRAINING GROUP JOINT POWERS AGREEMENT NOVEMBER 13, 2018 PAGE 2 Through RTG's regionalized training, emergencies are handled more seamlessly thus increasing the fluidity of the operation. When a disaster strikes the LA region, no one department will be able to handle all calls for assistance in a widespread emergency response. Beyond the operational benefits, firefighter service delivery improvements to all communities within Los Angeles County, as well as improvements in preparation and response to terrorism or other large-scale disasters have improved. The Joint Powers Agreement under consideration will ensure regional training continues even as Federal Homeland Security funds diminish. By joining of the Joint Powers Agreement(JPA) agencies are guaranteeing participation in fire service regional training even if Federal dollars expire. Additionally, by becoming an early adopter to the RTG JPA, the fire chief will become a board member and will determine critical aspects that will impact future training such as: • Creating Bylaws and/or other guidelines • Developing Overall Policy & Strategies for regional training • Developing a comprehensive plan for equitable funding • Developing a budget • Creating committees and sub -committees, as needed • Other related responsibilities as set forth by the JPA Board that will benefit all local fire departments that choose to form the Regional Training Group Authority There are no fees associated with joiningthe RTG JPA at this time, however it is anticipated that establishing a budget and seeking funding from member agencies will be a top priority. That said, the goal will be to provide equity, fairness and transparency for all member agencies and ultimately to follow LAAFCA's vision and training 9,000 professional firefighters as one. Agencies may exit the RTG agreement at any time for any reason without penalty. Fiscal Responsibility Efficiency & Adaptability Quality of Life, Neighborhood & Infrastructure FISCAL IMPACT There is no fiscal impact at this time: ATTACHMENTS Attachment A: Resolution No. , authorizing the Downey Fire Department to join the Regional Training Group (RTG) Joint Powers Authority Attachment B: Questions & Answers Document This Joint Powers Agreement ("Agreement") is executed by and among those public agencies, •I organized and • which are parties signatory to the Agreement, including parties that may later become signatories to this Agreement, for the purpose of operating ajoint •• authority as provided in this Agreement. This Agreement is created • to Article I (commencing with Section 6500) of Chapter 5, Division 7, Title I •! the California • •• relating to the • exercise • •1 •` the public .• Each public agency executing this Agreement shall be referred to individually as •`; with all referred to collectively as "Members." WHEREAS, the Members have and possess the power and authority to organize and establish a consolidated area training group to address fire protection and safety issues for the •` • the lands and inhabitants within their respective boundaries; and WHEREAS, the Members propose to join together to establish, operate, and maintain a 'oint i• authoriL-i r the ury I ose of integrating, sharing, and combinin P - g resources, facilities regional assets, and information related to training firefighters and researching fire prevention, protection, and safety techniques, issues, and information for the benefit of their respective lands and inhabitants; and WHEREAS, it is in the public interest to provide a means by which other public agencies may request training and other services for the benefit of their lands and inhabitants; and WHEREAS, it is to the mutual benefit • the Members to create a joint powers • and the Members have the authority under the Joint Exercise of Powers Act, in California Government Code Section 6500, et seq., to enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement, the Members agree as follows: W.111 11301W1131 I Unless the context requires otherwise, the terms used in this Agreement shall have the following meanings: 1.01 "Act" shall mean the Joint Exercise of Powers Act, in California Government Code Section 6500, et seq. 1.02 "Agreement" shall mean this Joint Powers Agreement, as originally entered into and as amended from time to time in accordance with the provisions of this Agreement. 1.03 "Authority" shall mean the Los Angeles Area Regional Training Group created by this Agreement. 1.04 "Associate Member" means a public agency which is a party to an Associate Membership Agreement entered into between the Authority and such public agency pursuant to Article 4 of this Agreement. 1.05 "Board of Directors" or "Board" shall mean the governing body of the Authority. 1.06 "Bylaws" shall mean guidelines adopted by the Board of Directors setting forth policies and procedures for the operation of the Authority and for the exercise of the Board's powers granted in this Agreement, as amended from time to time by the Board. 1.07 "Director(s)" shall mean the individuals serving on the Board of DirectorS[DCli 1.08 "Effective Date" shall mean the date referenced in Article 3 and upon which this Agreement becomes effective and binding upon the Members. 1.09 "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority. 1.10 "Fiscal Year" shall mean that period of twelve months which is established by the Board of Directors or the Bylaws as the fiscal year of the Authority. 1.11 "Member" means any public agency as the term "public agency" is defined by Section 6500 of the Act, which includes, but is not limited to, any federal, state, county, city, public corporation, public district of this state or another state, or any joint powers authority formed pursuant to the Act by any of these agencies which has executed this Agreement and has become a member of the Authority. ARTICLE 2 CREATION OF JOINT POWERS AUTHORITY; PURPOSES 2.01 Pursuant to the Act, there is hereby created a joint powers authority to be known as Los Angeles Area Regional Training Group (also referred to herein as the "Authority"). The Authority shall be a public entity separate and apart from the Members, and shall administer th Agreement. 2.02 The purpose of the Authority is to establish a separate organization for the exercise of •• common to the Members, which may include conducting coordinated trainings and 12 sharing resources, including but not limited to, facilities, equipment, and information, re ated t • • and researching fire prevention, protection, and safety techniques, issues, I BONIN on$ ff 0 - 0 �RKI W Mr,1110 will W11,1111MOMM11 I - 11 1 1 2.03 The Authority is intended to conduct coordinated fire protection and safety trainings, and to address emerging fire protection and safety issues throughout the Los Angeles County area and other areas that appear to have a connection or nexus to Los Angeles County, encouraging maximum cooperation between all fire department agencies, and promoting t e safety of both fire personnel and the public, accomplished in an effective manner by the following means, including but not limited to: a) Researching, identifying and selecting a records and business management system to be utilized by all Members for financial records, logistical support, training needs, and other b) Designing an initial plan to utilize training centers for training focused on firefightin activities, including Fire Suppression, Paramedic, Hazardous Materials and Urban Search and Rescue training. c) Constructing and conducting a comprehensive training needs assessment for thry Authority or its Mem ers. d) Training regional training staff and instructors on procedures and de ining expectations to enable the success of the collaborative efforts. e) Designing a comprehensive plan for equitable, effective education and training delivery for Members that utilizes all available delivery systems and training centers, sites, or facilities used by the Authority. f) Updating the comprehensive plan for equitable, effective education and training deliveries for Members based on experience using the plan on an ongoing basis. ARTICLE 3 3.01 This Agreement shall become effective, and the Authority shall come into existence, when )hkw1k1,r- Date"). 3.02 Members may submit written notice of immediate withdrawal from the Authority withi 180 days after the Bylaws are adopted. There wi be no costs or any Mem ` araws from the Authority within this time period. It is the intent of the Members that Bylaws will be developed and adopted by the Board, as authorized under Section 6.04(a), and that the Authori will seek applicable and necessary liability coverage during this period. I Notice shall be given to all Members pursuant to Section 18.02 within five (5) business days of adoption of the Bylaws. The notice shall include a copy of the adopted O Bylaws. After the Bylaws have been adopted, Members may withdraw from the Authority during the specified period in accordance with the provisions of this Section 3.02. After expiration of the stated time period, any Member may withdraw from the Authority in accordance with Article 16 of this Agreement, and will be reimbursed its pro -rate portion of monetary contributions as set forth in Article 16. ARTICLE 4 1 ASSOCIATE MEMBERSHIP -.4.G.MEEUEY.1 4.01. Pdw&!61nt&JA!oAs§&i4tc M!�m h��Wh Agreements. In addition to those powers specified in this Agreement, the Authority shall have the power to enter into Associate Membership Agreements with any public agency upon the approval thereof by a majority vote of all members of the Board. 1 Contents of Associate M6mb&iAjp A&&cntem. Each Associate Membership Agreement shall: a) State that the public agency is an Associate Member of the Authority. b) Specify that the purpose of the Associate Membership Agreement is (i) to facilitate cooperation between fire department agencies to carry out the stated purposes of the Authority; and (ii) to contribute fire department personnel or facilities, who or that shall remain under the general direction and control of the respective Associate Member agency to which they or it belongs, to the Authority to assist in carrying out the activities of the Authority. c) Restrict the powers and obligations of such Associate Member public agency with respect to the Authority to those enumerated in this Article 4; d) Specify that such public agency shall not have the power to: (i) vote on any action to be taken by the Authority; or (ii) appoint a Director to the Board; e) Specify the fees, if any, to be charged such public agency for its participation in the Authority; and 4.03. Atbroval of Ass6ddt'e Membershit) Akrccmt6t§. In determining whether to approve an Associate Membership Agreement with a public agency which proposes to be an Associate Member, the Board may take into account any criteria deemed appropriate to the Board. F1 =-- 0 WAIMI DI 1114C.S 5.01 The Authority shall possess in its own name all powers granted to it by law, including, but not limited to, any powers common to the Members, and the following enumerated powers: a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to retain or provide services, contract to permit others to use facilities, rent out facilities, and to purchase, lease, or dispose of equipment or supplies. b) To acquire by purchase or lease, hold, and dispose of property, real and personal, c) To receive gifts, contributions, and donations of property, funds, services, and other forms of assistance from persons, firms, corporations, entities, Members, and any governmental entity, in accordance with applicable laws, including applicable Los Angeles County Conflict of Interest Code and State conflict of interest laws. d) To sue and be sued in its own name. e) To apply for, accept, and receive appropriate grants, loans, and other assistance under any Federal, State, or local programs for assistance in developing any of its programs or providing services to other public entities. f) 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 of the individual respective Members. g) Apply for, accept, and receive all licenses and permits from any federal, state, or local public agency. h) To appoint committees and adopt rules, regulations, policies, Bylaws, and procedures governing the operation of the Authority. i) To add Members or Associate Members to the Authority as approved by the Authority Board of Directors and the existing Members as provided herein. j) To appoint/hire officers, employees, agents, or consultants and adopt personnel rules and policies governing officers and employees. k) To reimburse Members for overtime expenditures of a Member's contributed personnel who is/are assigned to assist in carrying out the activities of the Authority as directed by the Executive Director of the Authority and approved by the Executive Committee in accordance with Section 13.06 of this Agreement. Such overtime expenditures, if any, shall be paid in accordance with all applicable State and Federal laws, including the Fair Labor Standards Act. 0 1) To purchase equipment with prior approval by the Executive Director and pursuant to the Board's purchasing policy. in) To assign personnel contributed from the Members or Associate Members to positions that fulfill the needs of the Authority, who shall remain under the general direction and control of the respective Member or Associate Member agency to which such personnel belong. n) To invest, or cause to be invested, and manage, or cause to be managed, Authority funds, by and through the Treasurer, in accordance with State law. o) To obtain all types of insurance as may be necessary to cover the liabilities of the Authority or its Members as determined by the Board. p) To exercise such other powers and authority as are necessary and proper to carry out its functions herein, and as provided in the Act or otherwise permitted by law. 5.02 Pursuant to Government Code Section 6509, the powers of the Authority shall be exercised in accordance with the Act, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the El Segundo Fire Department[DC21. 5.03 Each Member expressly retains all rights and powers to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own fire protection needs, and that are authorized by the laws governing it. This Agreement shall not be interpreted, and the Authority created herein, shall not have the power to impair or control any of the Members' respective rights, powers, or title to such equipment, facilities, properties, information, and projects ' nor shall any Member be required to provide additional personnel, equipment, or services to the Authority than as provided in this Agreement, without the written consent of the Member. 4W`A=T, =F1 I I PILS "1 0•FLICC3 to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control equipment and facilities for their fire protection and safety needs. ARTICLE 6 6.0ority shall be governed by the Board of Directors, which shall be composed of the Fire Chief of each member agency. Each Director may designate an alternate to act in his/her place on the Board, provided the alternate is a person at executive command rank. Each Member shall provide a written designation of its Director representative to the Authority. The Board shall maintain a list of all current Members in good standing who serve on the Board. The Board of Directors may allow for an alternate of 0 the designated representative to the Authority in accordance with the Bylaws of the Authority. 6.02 Termination of Status as Director- irector s a e remove rom t e oar o irectors f• the occurrence of any one of the following events: b) The death or resignation of the Director, in which case the appointing Member will provide a replacement Director; c) The Authority's receipt of written notice from the Member that the Director appointed by that Member is no longer qualified; or d) The Board by at least a two-thirds (2/3) vote of the entire Board determines to remove a Director, in which case the appointing Member will provide a replacement Director. 6.0Directors and their alternates, if any, are not entitled to compensation by the • The Board of Directors may authorize reimbursement • expenses incurred by Directors in the performance • services for the Authority where such expenses are not paid by the appointing Member. a) Except as otherwise provided in this Agreement, the Board shall exercise all •• and conduct all business • the Authority, either • • by delegation to other r•• • persons. The primary objective • the Board is to establish overall policy and strategy� As such, the Board may adopt and amend Bylaws or other guidelines setting forth policies and procedures for the operation of the Authority and for the exercise • the Board's r• granted herein. b) The Board may form an Executive Committee, as provided in Article 8. The Executive Committee may exercise all powers or duties of the Board, except (i) the adoption of th Authority's annual budget or any amendments thereto, (ii) the adoption of the Bylaws o any amendments thereto, and (iii) the issuance of bonded debt, which powers are expressly reserved to the Board. All actions by the Executive Committee shall be subje • review, and approval, modification, or disapproval, by the Board at its discretion. I c) The Board may form, as provided in Article 10, such other advisory committees as it deems appropriate or it may delegate such power to the Executive Committee in the Bylaws or by resolution of the Board. The membership of any such other committee may consist in whole or in part of persons who are not Directors of the Board. d) The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget • the Authority. TO the extent that the a budget includes funding by Members, such funding is subject to approval by the governing bodies of those Member agencies. Adoption of the budget may not t -Te delegated. e) The Board shall receive'review and act upon periodic reports and audits of the funds of the Authority, as required under Articles 10 and 13 of this Agreement, including contracting with a certified public accountant for an annual audit accounts, records, and financial affairs of the Authority as necessary or required. I g) The Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Authority including but not limited to making and entering into contracts; employing agents and employees; acquiring, holding, and disposing of property; incurring debts, liabilities or obligations necessary for the operation of the Authority; receiving, accepting and expending or disbursing funds, by contract or otherwise, for purposes consistent with the provisions hereof-, adopting contracting and purchasing rules and regulations, internal financial controls, personnel rules and regulations, maintaining at all times a complete and accurate system of accountinR for all funds of the Authority, and similar rules and regulations consistent with State law governing public agencies. h) Adopt any rules, regulations, and policies as may be required for meetings, the conduct of meetings, and the orderly operation of the Authority. ARTICLE 7 7.01 Reaular Meetiggs. The Board of Directors shall hold at least two (2) regular meetings each year. The Board of Directors shall fix by resolution or in the Bylaws the date upon which, and the hour and place at which, each regular meeting is to be held. Meetings of the Board of Directors, Executive Committee, and any other "legislative body" of the Authority, as that term is defined in Section 54952 of the California Government Code, shall be called, noticed, and conducted in accordance with the Ralph M. Brown Act, Section 54950 et seq. of the California Government Code. 7.02 Minutes. The Authority shall have minutes of each regular, adjourned regular, and specia meetings kept by the Secretary. As soon as practicable after each meeting, the Secretary shall forward to each Board member a copy of the minutes of such meeting. 7.03 Quorum. A majority of all members of the Board and the Executive Committee, respectively, is a quorum for the transaction of business. A vote of the majority of a quorum at a meeting of the Board or the Executive Committee is sufficient to take action unless otherwise provided in the Bylaws; except that a majority of all members of the Board is required in order to take action on: (i) the adoption of the Authority's annual budget and any amendment(s) thereto, (ii) the adoption of the Bylaws and any amendment(s) thereto, and (iii) the issuance of any bonded debt of the Aowever, I less than a quorum may adjourn from time to time but may not take action on matters before the Board or Executive Committee. 7.04 Y�� Each Director of the Board shall have one vote. ARTICLE 8 F-Y�E—CJ-UJ1X—QO1!1L1 8.01 As set forth in Section 6.04 above, the Board may establish an Executive Committee which shall consist of no less than three (3) Directors selected from the Board. The Board will determine the number of Directors to serve on the Executive Committee. The Executive Committee will include the Chair of the Authority designated pursuant to Article 9. Except as otherwise provided herein, the composition, the terms of office of the Directors serving on the Executive Committee, and the conduct of the Executive Committee shall be as provided in the Bylaws. The Executive Committee shall conduct the business of the Authority between meetings of the Board, exercising all those powers as provided for in Section 6.04(b), or as otherwise delegated to it by the Board. 8.02 Each Director on the Executive Committee, except for the Chair of the Authority, shall be confirmed and approved by the Board of Directors by a majority vote of the entire Board. 8.03 Any vacancy on the Executive Committee shall be filled by the Board within ninety (90) days of the vacancy. W_ -4 - =-- - Lei a W to DI 4914a 9.01 The Board shall nominate and elect a Chair, Vice Chair, and Secretary of the Authority, each for a term of two (2) years, from among the Directors at its last meeting of every odd - year Fiscal Year. Each officer shall assume the duties of the respective office upon election. If an officer ceases to be a Director of the Board, the resulting vacancy shall be filled at the next regular meeting of the Board held after the vacancy occurs or at a special meeting of the Board called to fill such vacancy. In the absence or inability of the Chair to act, the Vice Chair shall act as Chair. The Chair shall preside at and conduct all meetings of the Board. The Board may appoint such other officers as it considers necessary and as provided in the Bylaws. ARM ILVJ I I § y N 10.01 The Board may establish advisory committees as it deems appropriate or it may, in the Bylaws or by resolution, delegate such power to the Executive Committee. Members of committees shall be appointed by the Board or the Executive Committee. Each committee shall have those duties as determined by the Board or the Executive Committee or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson, 0 and shall report to the Executive Committee and the Board as directed by the Board or the Executive Committee. ARTICLE 11 LIABILITY OF BOARD OF DIRECTORS, OFFICERS AND COMMITTEE MEMBERS 11.01 The members of the Board of Directors, officers and committee members of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. 11.02 No Director, officer or committee member shall be responsible for any action taken or omitted by any other Director, officer or committee member. No Director, officer or committee member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement. 11.03 The Authority may acquire and maintain insurance protection as is necessary to protect the interest of the Authority and its Members in its administration of the Authority in accordance with Article 14 below. M- M9301M 12.01 Prino'bitl Stam The following staff members shall be appointed by and serve at the pleasure of the Executive Committee: a) I�Xgc�b6q 14"adf. The Executive Director shall administer the daily business and activities of the Authority, subject to the general supervision and policy direction of the Board and the Executive Committee; shall be responsible for all minutes, notices and records of the Authority; shall administer all contracts; may enter into contracts within authority set by the Board or Executive Committee, and shall perform such other duties as are assigned by the Board or Executive Committee. The Executive Director may be a contractor or an employee of one of the Members or Associate Members of the Authority[DC31 and shall have obtained senior fire department management rank that will provide a range of operational capability to the Authority. b) Lebl CbuhsA With the approval of the majority of the Board, legal counsel shall b1i appointed to serve as general counsel ("General Counsel") to the Authority. 12.02 ' umott u ec o the approval of funding in e•u orl y s•uf ge anf 0 e general supervision and direction of the Board and Executive Committee, the Executive Director shall provide for the appointment of such other staff as may be necessary for the administrative support of the Authority, which staff shall be employees of the Authority. Upon mutual agreement, a Member may provide supplemental administrative support services in exchange for reimbursement by the Authority, or as a contribution credit for F in • • • • • - • • • • •I Me 12.03 Treasurer and Controller. Pursuant to Section 6505.5 and 6505.6 of the Act, the finance director and finance managers ♦ original memberbe •• • designated as the Treasurer and Controller,r- of Authority. Treasurer • the Controllerbe employees of r. be the depository and have custodyof f' of •rity. The Controller assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. The Treasurer and Controller shall have the duties and obligations s` •rth in Section 6505, • 1 and 6505.5 of Act, as those sections changebe amended from time to time. To the extent permitted by the Act, the Board of Directors may the Treasurerand Controller of • to any person or authorized by the Act to Occupy such offices. 12.04 C6inp&6§a66n. With the exception of the appointing Member for work performed by the designated Treasurer and Controller, per a written agreement approved by the Board of Directors for be no• • r` • •• by • any individuals • r -r by •. or Associate Memberagency • serve in the capacity officer of the Authority' such as the Executive Director, General Counsel, or any other individuals who are employed by a Member or Associate Member agency and contributed to the Authority under- 12, unless direct reimbursement is otherwise • -• pursuant Section 12.02 or Section 13.06 of this Agreement. ARTICLE 13 BUDGET,OPERATING FUNDS,1 AUDITS 1' - D • prepare and submit to theBoard of Directorsir revision and adoption prior to July I of each -. annual budget of the Authority for the next succeeding Fiscal Year. 13.02 Disbursement • rs. The Executive Directoror designee shall cause to have warrants drawn for the payment of funds or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and Bylaws adopted the Board. The Executive Director may apply for, receive, and use credit cards for the sol purpose of conducting Authority business in accordance with applicable written rules and regulations. 13.03 Alc�cduftfi , All funds received by the Authority shall be placed in the custody of the Treasurer. These funds shall be given object accounts, and the receipt, transfer, or disbursement of such fundsduring the term of Agreement shall be accounted for by m Controller in accordance generally accepted accounting i r - applicable o governmental entities. There shall be strict accountability of all funds by the Controller. Al revenues and expenditures shall be reported by the Controller to the Executive Committee a quarterly basis, unless otherwise required by the Board of Directors. I 1104 Abj�� 4Exbehditdr&§�� All expenditures within the approved budget shall be made upon the approval of - Executive Directoraccordance - policies,a • procedures adopted by :t. • Authority,13.05 Records and Audit. The Controller s a cause to e ept accurate an correct oo s of account showing in detail all financial transactions of the Members relating to the books of •unt shall correctly show- - • • also any costs, expenses, or .- paid or • be •. • to a Member. These books and records of Authority in the hands of • • be open to inspection at all times • . norm business hoursby -• - - of •` or by a or other •-; • authorized by - a to inspect the books of records.The Controller shall cause the ••,• of • and other financial recordsof • to be audited annually, or biennially authorized by the Board of Directors, by an independent certified public accountant and any cost of • be paid by •rity. The minimum requirements shall be those prescribed by the State Controller under California Government Code section 26909 and in conformance with generally accepted auditing standards. The annual audit, or biennial as the case may be, shall be submitted to the Board of Directors and the Executive Committee whe • •``c 13.06 C6nipewittion of Contribufe&pf�moftneL All participating personnel contributed and assigned to the Authority by a Member or Associate Member shall have their salary, benefits, • overtime,paid by r-ctive Member or •Member. The Authority may, but is not obligated to, reimburse a Member or Associate Member for expenses, or for the overtime of employees or forbenefits, r overtime • employees c• • -• for administrativerr•rt as authorized by • 1 and Section 12.02,r` • auditingas approved by the Executive Director. It shall be the responsibility of the Authority to institute an •urs worked by •i • be documented • reported on --' basis fori • - to the individual's contributing agency. ARTICLE., INDEMNIFICATION1, INSURANCE 1' ` debts, .• •i obligations of • Member,("Authority Obligations") shall be the debts, liabilities and obligations of the Authority alone. Authority Obligations shall not constitute debts, liabilities, and obligations of any individual • the Membersno liability therefore. 14.02 Contributed Membee Members acknowledge- • contributing and assigning its own personnel to a cooperative pool of personnel to provide service to the Authority. Each such contributing Member shall be solely responsible for and M 11 14.06 A ority lndcmrijtyof Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees, and the individual Chair, Vice Chair, an Secretary, from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way • • injury • •- •+ any person, injury • damage to any property, including • fees and • resulting • arising out of or in any way connected with the alleged willful or negligent acts or omissions in the course and ••r • carrying • their responsibilities in the performance • their • to the • This provision • • shall not be construed to obligate the Authority to pay any liability including, but not limited • punitive damages, which by law would be contrary to public r• • itself unlawful. ARTICLE 15 MEMBER RESPONSIBILITIE! a) To appoint its Director, or alternate as may be allowed, to or remove from the Board as set forth in Article 6. Ir ) To consider proposed amendments to this Agreeme as set forth in Article 18. c) To make contributions in the • • membership premiums, assessments, and fees, if any, in accordance with the Bylaws and as determined by the Board, for the purpose of defraying the costs • providing the annual benefits accruing • to each party from this Agreement. Any such contributions are subject to approval by the governing bodies • • .•- from whom such contributions are sought. d) To provide to the Authority such •iii! information or assistance as may • necessary for the Authority to carry out fire protection or safety programs as determined by the Board. ARTICLE 16 16.01 Public agencies with fire departments and federal and California fire agencies may become Members of the Authority upon approval and execution of this Agreement and und such terms and conditions as are determined by the Bylaws and upon approval of the Board] 16.02 The Authority shall file a notice of this Agreement within 30 days • its Effective Date with the office of the California Secretary of State, as required by California Government Code • 6503.5 and 6503.6. •• any change in membership, the Authority shall file a notice • such change • membership within 10 • • its Effective Date with the Secretary • State and with the county clerk • each county in which the Authority maintains an • as required by California • Code Section 5305 1. [a 16 .03 Members may withdraw from the • in accordance with the following procedures v.nd conditions: a) A Member may withdraw as provided and in accordance with Section 3.02 of this Agreement. b) After the expiration of the period provided in Section 3.02, a Member may withdraw as follows: (1) - iV6 A& Of Wifhdtd� fbt a Member • Associate Member. Such withdrawal shall become effective sixty (60) days following the giving of written notice of withdrawal of participation by any Member or Associate Member agency to the Executive • (2) DigOostdoh of Mone& Qoi�whaions,!Ipou withdigwa:r• tile withdrawal of a Member or Associate Member, that agency will be entitled to a pro -rata return of monetary contributions or payments it made to the Authority that have not been expended by the Authority as of the effective date of the Member's or Associate Member's withdrawal. The pro -rata return shall be calculated by taking the total monetary contributions or payments made by the then - existing Members and that have not been expended, encumbered, or contractually obligated by the • as • the effective •. • the withdrawal, and dividing it by the •- of then - existing Members. Such allocation shall be reduced by the amount of any delinquent fees or assessments owed by the Member • Associate Member. Each withdrawing • terminating Member acknowledges and agrees that it is not entitled to and has no • to a return • share • any property, supplies, equipment, • • interests of the Authority, except as set forth in this Section or as otherwise approved by a majority of the Board. 16.04 The Board of Directors may terminate membership of any Member or Associate Membi • any or no • upon • vote of the entire Board, r• the effective date set by the Board. I •' 05 r• any withdrawal • •i termination • a Member, the Member shall remain responsible and liable for any claims, demands, damages, or liability arising from the Member's membership in the Authority before the effective date • its withdrawal • • termination of membership from the Authority. A Member shall not be responsible or liable for any claim, demand, damage, or liability arising after the effective date of its withdrawal or • termination • membership • the Authority. The Authority may withhold • otherwise owing to the Member • require the Member to •-•• sufficient funds, as determined by the Board, to cover the Member's contingent responsibility for the foregoing claim, demand, damage, • liability. IN ARTICLE 17 DISSOLUTION AND DISPOSITION OF ASSETS 17.01 Except as provided herein, the Members agree that all supplies and equipment purchased by the Authority shall • owned and controlled by the Authority as its sole and separate property and • as property • any Member. 17 ' 02 The Authority shall continue to exist and exercise the •• herein until the Authority is terminated and dissolved by a vote of two-thirds of the entire Board of Directors; provided, • that no such dissolution shall be complete and final until the Authority has • disposed of all financial obligations and claims, distributed all assets, and performed all • functions •__ necessary by the Board to conclude the affairs • the Authority. a) The written consent of two-thirds of the Board of Directors; and c) All other contractual obligations o t e Aut ority ave een satis le - 17.04 in the • of such termination of the Authority, any funds remaining following the discharge of all debts and obligations shall be disposed of by distribution to each Member • is • the Board -• prior to the termination • the • a share of such funds proportionate to the contribution made to the Author ty y the Mem er w ic ave accrued during its participation, to the extent determined by the Board in its sole discretion to •- fair and equitable and • to the distribution • assets as specified in the Bylaws. 17.05 Notwithstanding any other provisions of the Agreement, the Members agree to abide • the following procedure for selling • equipment in the event the Agreement is terminated. The equipment shall be given a fair market value by an appraiser agreed upon by the Board. Before the equipment is sold on the open market, each Member shall have the right to purchase the equipment at a price and under terms as agreed upon by the Board which may •- a financing arrangement for the • to • for a transition period after the termination • this Agreement. If an agreement cannot be -•' concerning a purchase of the equipment, then it shall be sold on the open market. Proceeds from the sale of equipment upon termination of the Agreement shall be distributed to the Members in a manner consistent with the distribution • assets as provided in the Bylaws, and any modifications to that formula adopted by the Board. • 18 18.01 Amendments. This Agreement may be amended with the majority approval of the Members; provided, • that no amendment may be .•- that would .• affect the in interests of the owners of bonds, letters of credit, or other financial obligations of the Authority. The Executive Director shall file a notice of the amendment to this Agreement within 30 tays of its effective date with the office of the California Secretary of State, as required by California Government Code Sections 6503.5 and 6503.6. 18.02 Nbtkes, Any notice required or permitted to be made hereun er s a e in writing an shall be delivered in the manner prescribed herein at the principal place of business of each party. The party may give notice by: • Personal delivery; • E-mail; • U.S. Mail, first class postage prepaid; • Facsimile; or, • 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: * The date of personal delivery-, The fifth business day following deposit in the U.S. mail, when sent by "first class" mail; or, The date of transmission, when sent by e-mail or facsimile. 18.03 Effective Date. This Agreement shall be effective at such time as provided in Section 3.01. 18.04 Cbhfftd� Of Int&Ok No official, officer or employee of the Authority or any Member shall have any financial interest, direct or indirect, in the Authority. Nor shall any such officer or employee participate in any decision relating to the Authority that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law or regulation. The Authority shall be subject to a Los Angeles County Conflict of Interest Code, as adopted by the Board of Supery ' isors, and must comply with all filing and other requirements as set forth therein and in State law. their dispute, then the Executive Committee shall form a subcommittee of three non - interested, objective Members of the Executive Committee who may resolve the dispute. M In the event the dispute cannot be resolved by the subcommittee of the Executive Committee as provided hereinabove, the parties to the dispute agree to resolve the matter through non-binding mediation by a mediator to be mutually selected by the disputing parties. In the event the dispute is not resolved by mediation, the dispute shall be resolved by binding arbitration. The parties shall submit such dispute for binding arbitration in Los Angeles County, California, before an arbitrator selected from Judicate West (or if it no longer exists, from the American Arbitration Association (AAA), of it that no longer exists, from JAMS, or if that no longer exists, from a similar arbitration organization.) Arbitration will be conducted in accordance with Judicate West's, or other chosen arbitration organization's, th- • •; bitration Rules can be found at: https://wwwjudicatewest.com/Services/`DisplayPDF/127. The parties shall have all rights for depositions and discovery as provided under the rules of the selected arbitration organization. The arbitrator shall apply California law to the proceeding. The arbitrator shall have the power to grant all legal and equitable remedies including provisional remedies and award compensatory damages provided by law, but the arbitrator may not order relief in excess of what a court could order' The arbitrator shall prepare and provide the parties with a written award including factual findings and the legal reasoning upon which the award is based. The arbitrator may award the prevailing party all reasonable attorneys' fees, expert witness fees, and other litigation expenses, expended or incurred in such arbitration or litigation, unless the laws related to the claim that the party prevailed on preclude a court from awarding attorneys' fees and costs to the prevailing party. Any court having �urisdiction ma -p enter -,ud•ment on the award rendered br, the arbitrator or correct or vacate such. award as provided by applicable law. The parties understand that by agreeing to binding arbitration, they are giving up the rights they may otherwise have to trial by a court or a jury and all rights of appeal, and to an award of punitive or exemplary damages. 18.06Partial !rival! - t '• If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable or void for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, 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. 18.07 ��� This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members hereto. 18.08 Assignment No Member may assign any right, claim or interest it may have under this Aireement., and no creditor assignee or third jUart boeneficiari of any Member shall have any W 18. 10 HpAdigg, The section headings are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 18.11 Counterparts. This Agreement may be executed in counterparts. Each executed counterpart shall have the sme force and effect as an original Members . • signed the same instrument. enumerated18.12 EX&ution. The legislative body or governing body of each Member herein have each authorized of • as evidenced by authorized signatures below, respectively. A Member's signature to this Agreement is not valid until its legislative or governing body has authorized execution of this Agreement. 18.13 Etitht Agreement This Agreement, supersedes any and all other agreements or representations, whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to any matter, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been ma by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreementor modificationof • _ shall be effective only if executed in writing and signed by • 1 all Members. Agreement18.14 Recitals. The above rec tals are true and correct and are incorporated in this by IF IWA I 'kv 62032A) SO 91 IN-' &-04 1 Rd C51 I I '(*X4 I tt LTAE-11 I I I [$)a V'C-1q M I &Raj I It" rg wrw; F.2 (OR or -A I M ORWI; a 1 pows HE- No Lei I me= City of Downey Authorization r1or Membership in the Los Angeles County Regional Training Group IN WITNESS WHEREOF, City of Downey, by Resolution of its City Council has caused this Joint Powers Agreement to be executed on its behalf by the City Manager, and attested by City Clerk, as of the date so executed below. In Sean Ashton Mayor By: Alicia Duarte, CMC City Clerk Approved as to Form: By�eM mak-- :- j vette M. Abich Garcia City Attorney all THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and declares as follows, A. The City recognizes the need to organize and establish a consolidated area training group to address fire protection and safety issues for the benefit of the lands and inhabitants; B. The City supports the efforts to establish, operate, and maintain a joint powers authority for the purpose of integrating, sharing, and combining resources, facilities, regional assets, and information related to training firefighters and researching fire prevention, protection, and safety techniques, issues, and information for the benefit of respective lands and inhabitants; and C. The Joint Powers Agreement (JPA) attached as Exhibit A, and incorporated by reference, creates a Joint Powers Authority to conduct coordinated fire protection and safety trainings, and to address emerging fire protection and safety issues throughout the Los Angeles Area and other areas that appear to have a connection or nexus to the Los Angeles Area; and D. The City desires to become a member of the Los Angeles Area Regional Training Group (RTG) authority. SECTION 2. Pursuant to Government Code §6500, et seq., the City Council approves the JPA and authorizes the City's membership in the Regional Training Group (RTG) Authority. SECTION 3. The City Manager is authorized and directed to executive the Los Angeles Area RTG Joint Powers Agreement to effectuate the intent of this Resolution. The City Manager, or designee, is authorized to take such reasonable actions as may be required to implement the intent of this Resolution. SECTION 4. This Resolution will become effective immediately upon adoption and will remain effective unless superseded or repealed, in which case the City will withdrawal from the Los Angeles Regional Training Group Joint Powers Authority (JPA) in accordance with terms of the Joint Powers Agreement (JPA). Attachment "A" 1 ZrAftif el SEAN ASHTON, Mayor----- MARIAa161A DUARTE, CIVIC City Clerk I HEREBY CERTIFY that the foregoing Reso u ion was -a•• - y t e ty ounci o the City of Downey at a regular meeting held on the 13 th day of November, 2018 by the following vote, to wit: AYES: Council Members, NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: MARIA a DUARTE, CIVIC City Clerk Los Angeles Area Fire Chiefs Association JOINT POWERS r LOS ANGELES AREA REGIONAL T•., . i; r ' • • •: By establishing the Regional Training Group (RTG) iPA, we are on the cusp of developing the next major •••erative nationally recognized Fire, Service program. agencies, Angeles • Operational Area have worked together forto prepare • technological,and s disasters. • -• the way in the1940's with the development of •; f system; Southern Californiaagencies,• r FIRESCOPE• •• • the Incident• f System to strengthen the command and coordinationof ` mutual aid system. Both of •, now use nationwide. Today the Los Angeles Area Fire Chiefs Association (LAAFCA) has set a vision for the RTG to create • operate a nationally•• • regional training and education program.part of larger initiative to develop regional training for. progressive • RTG rampsthat • resource leverage, and actually increases the capacityof first responders specialty teams to handle the most critical work which terrorism or disasters present. Through regionalized training, any and all emergencies are handled more seamlessly thus increasing the efficiency and effectiveness of operations. When a disaster strikes the LA region, no one department will be able to handle all calls for assistance in a widespread emergency response. Through cooperation, the 30 fire agencies in the LA region have built relationships by promoting trust with the goal of achieving interoperability between all partner agencies. Combined with the dangers that exist in urban/metropolitan framework is the fact that fire department leaders are being asked to do more with less. This requires training officers to look for new ways to continually deliver critical training information to their audiences. Fire department training remains the best insurance policy that any agency can provide to ensure the safety and operational effectiveness of its members and to the public it serves. That belief mandates that the region's fire departments work in a cooperative manner within the urban area Homeland Security Strategic Plan to effectively and efficiently develop and deliver standardized training to all of its firefighters. The RTG StrategicPlan identifies. • better prepare for human -caused and natural IM, PA LAAFCA is seeking support from all 30 fire departments within the Los Angeles Area to create the RTG joint Powers Agreement (JPA). By doing so, the Los Angeles Area Fire Chiefs will develop a governance structure that ensures an equitable and sustainable level of cost-effective standardized all-risk training (inclusive of all in-service related training that is not supported by homeland security grants). that mandates establishing centralized regional training priorities with a Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) nexus. By creating a JPA, the fire chiefs are able to provide all areas of Regional Fire Service training while not limiting to the restrictions of CBRNE related training that Homeland Security Grants impose (think advancements in fire suppression operations, emergency medical services [EMS], leadership development and similar training that can be delivered to your local firefighters). In the aftermath of September 11, 2001 attacks in New York, Washington and Pennsylvania, first responders nationwide had to identify new ways to prepare for the unthinkable. New curriculum, tools, equipment and methods for safe firefighting and rescue operations continue to evolve. Incident command elements have had to be further developed to operate effectively within the unified command, multi -agency, mutual aid environment. Although departments like Los Angeles Fire Department and Los Angeles County Fire Department possess unmatched resources, every department in the LA region has something to offer through a cooperative and collaborative manner which will make all of the 9000 professional firefighters within the Los Angeles region better by training as one. It is the ongoing goal of the RTG to design, coordinate and deliver cost-effective fire service training equitably to all the participating agencies. The RTG training programs utilize trained instructors from across the region to deliver the necessary learning at shared regional facilities of all types, through online training and via multi -media communications to fire stations. The strategy of the RTG JPA may require a fundamental change of thinking by the participating agencies; switching from individual stand-alone Non-CBRNE training to a regionally supported and administered training program beneficial to the end goal of training as one. The establishment of this JPA, in concert With the administration of a robust regional training program, will help bring about a culture that accepts local control and self-directed learning for independent fire departments while acknowledging and promoting the value of standardization and regional training; the greatest goodfor the greatest number offirst responders! 1. What are the responsibilities of each member agency that joins the JPA? • Member agencies provide administrative control & Oversight through a legal framework • Member agencies agree to meet on a routine basis in compliance with the Brown Act • Member agencies agree to create an executive committee, as needed • It is anticipated that member agencies will •e asked to conduct the • • Create Bylaws and/or other guidelines • Develop Overall Policy & Strategies for regional training • Develop a comprehensive plan for equitable funding • Develop a budget • Create committees and sub -committees, as needed • Other related responsibilities as set forth by the JPA Board 2. What specific capabilities will member agencies obtain from participating in this JPA? • Non-CBRNE related In -Service Training • • specific, targeted training • Research opportunities & funding (such as the WiFIRE Project related to wilfire analysis) • Use of RTG Training which in turn should offset or augment annual training budgets for participating agencies • Confidence that mutual aid and automatic aid agencies from the LA Region responding into the jurisdiction of the incident are trained to function at a competent and professional level • performance • Membership in a nationally recognized fire service training program which is intended to partner with Community Colleges and University undergraduate and graduate level educational programs Outcomes & Responsibilities (Cont'd): 3. What would be the monetary costs for RTG JPA membership? It is important to note that LAAFCA is not asking any agency at this time to provide any funding to join the JPA. The JPA Board will be tasked with creating an equitable funding plan for each member agency. Methodologies used to determine annual monetary contributions would be the responsibility of the Board. The points listed below are examples of monetary costs formulas and/or revenue generating plans that the JPA Board may consider: • Annual contributions that are to be determined by the JPA Board could include: • Scalable set fee per agency (0-50 employees; 51-200 employees; etc.) • A per capita cost with a formula agreeable to all participating agencies • In-kind services to the JPA to offset cost of membership • ISA agreements with Educational Partners which produce FTE Revenue generation for the JPA • Securing Grants (Non -related Homeland Security Grants not requir ng a CBRNE training nexus) • Other recommendations by finance officials and approved by the signatory agencies (RTG JPA Board Members) The RTG is exploring possibilities to be presented to the JPA Board for revenue generation once the JPA is established. The following programs are examples of revenue generating possibilities for the JPA: • Granting access of RTG developed training to Fire Departments Outside of the LA region for a fee. Hence, developing Industry training standards while generating revenue for the JPA. There are departments outside of the region already requesting access to RTG training. • Selling advertising space on the newly developed RTG Mobile App Donations from private donors, private entities or higher leaming centers/universities. Public/private partnerships related to studies, research, training or other activities that support regional training Finally, Firehouse World Conference is moving to Los Angeles in 2019, making the timing for the JPA optimal.