Resolution No. 2018-037RESOLUTION NO. 2018-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE CITY OF VERNON'S MEMBERSHIP
IN THE LOS ANGELES AREA REGIONAL TRAINING GROUP AND
APPROVING AND AUTHORIZING THE EXECUTION OF A LOS
ANGELES AREA REGIONAL TRAINING GROUP JOINT POWERS
AGREEMENT
WHEREAS, the City of Vernon ("City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, 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; and
WHEREAS, 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 their respective lands and
inhabitants; and
WHEREAS, by memorandum dated October 16, 2018, the Fire
Chief has recommended the authorization of the Fire Department's
membership within the Los Angeles Area Regional Training Group ("RTG")
Joint Powers Authority and the approval of a Joint Powers Agreement
which 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
WHEREAS, the City Council of the City of Vernon desires to
become a member of the RTG Authority and approve and authorize the
execution of a Joint Powers Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because it is a government fiscal activity that will not
result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City's membership on the Los Angeles Area Regional
Training Group (RTG) Authority and approves the Joint Powers Agreement
with the RTG, in substantially the same form as the copy which is
attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute said Agreement for, and
on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
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transactions herein approved or authorized, including but not limited
to, any non -substantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to the City of E1 Segundo.
SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk, of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 16th day of October, 2018.
fttii 44-
Name: Yvette Woodruff -Perez
ATTEST:
r (a
Mari E. Ayal City Clerk
APPROVED AS TO FORM:
Zayr Va oussa,
SeniDeputy City Attorney
Title: Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 2018-37,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, October 16, 2018, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this 2' day of October, 2018, at Vernon, California.
(SEAL)
. I
,ems.
Mari E. Ayala City Clerk
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Exhibit A
JOINT POWERS AGREEMENT FOR
LOS ANGELES AREA REGIONAL TRAINING GROUP
This Joint Powers Agreement ("Agreement") is executed by and among those public
agencies, duly organized and existing, which are parties signatory to the Agreement, including
parties that may later become signatories to this Agreement, for the purpose of operating a joint
powers authority as provided in this Agreement. This Agreement is created pursuant to Article 1
(commencing with Section 6500) of Chapter 5, Division 7, Title I of the California Government
Code relating to the joint exercise of powers between the public agencies.
Each public agency executing this Agreement shall be referred to individually as
"Member," with all referred to collectively as "Members."
RECITALS
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
benefit of the lands and inhabitants within their respective boundaries; and
WHEREAS, the Members propose to join together 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 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 of the Members to create a joint powers authority,
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:
ARTICLE 1
DEFINITIONS
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
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 this
Agreement.
2.02 The purpose of the Authority is to establish a separate organization for the exercise of
powers common to the Members, which may include conducting coordinated trainings and
sharing resources, including but not limited to, facilities, equipment, and information, related to
training firefighters and researching fire prevention, protection, and safety techniques, issues,
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and information, and to address emerging and existing fire protection and safety issues for the
benefit of their respective lands and inhabitants, in the manner set forth in this Agreement.
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 the
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
purposes.
b) Designing an initial plan to utilize training centers for training focused on
firefighting activities, including Fire Suppression, Paramedic, Hazardous Materials and Urban
Search and Rescue training.
c) Constructing and conducting a comprehensive training needs assessment for the
Authority or its Members.
d) Training regional training staff and instructors on procedures and defining
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
PARTIES TO AGREEMENT; EFFECTIVE DATE
3.01 This Agreement shall become effective, and the Authority shall come into existence, when
this Agreement is authorized and executed by not less than three (3) public agencies ("Effective
Date").
3.02 Members may submit written notice of immediate withdrawal from the Authority within
180 days after the Bylaws are adopted. There will be no costs for any Member that withdraws
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 Authority
will seek applicable and necessary liability coverage during this period.
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
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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
ASSOCIATE MEMBERSHIP AGREEMENT
4.01. Power to Enter Into Associate Membership 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.
4.02. Contents of Associate Membership Agreement. 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
f) Specify to what extent, if any, the Associate Member may share in asset distributions.
4.03. Approval of Associate Membership Agreements. 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.
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ARTICLE 5
POWERS
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.
1) To purchase equipment with prior approval by the Executive Director and pursuant to the
Board's purchasing policy.
m) 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.
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.
5.04 Each Member expressly retains all rights and powers to use other funds or funding sources
to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control
equipment and facilities for their fire protection and safety needs.
ARTICLE 6
ORGANIZATION
6.01 Composition of Board. The Authority 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
the designated representative to the Authority in accordance with the Bylaws of the
Authority.
6.02 Termination of Status as Director. A Director shall be removed from the Board of Directors
upon the occurrence of any one of the following events:
a) The withdrawal or removal of the appointing Member from the Authority;
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.
6.03 Compensation. Directors and their alternates, if any, are not entitled to compensation by the
Authority. The Board of Directors may authorize reimbursement of expenses incurred by
Directors in the performance of services for the Authority where such expenses are not paid by
the appointing Member.
6.04 Powers of Board. The Board of Directors shall have the following powers and functions:
a) Except as otherwise provided in this Agreement, the Board shall
exercise all powers and conduct all business of the Authority, either directly or by
delegation to other bodies or persons. The primary objective of 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 of the Board's powers 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 the
Authority's annual budget or any amendments thereto, (ii) the adoption of the Bylaws or
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 subject
to review, and approval, modification, or disapproval, by the Board at its discretion.
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 of the Authority. To the extent that the
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 be
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 of
accounts, records, and financial affairs of the Authority as necessary or required.
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
accounting 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
MEETINGS OF THE BOARD OF DIRECTORS
7.01 Regular Meetings. 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 special
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 Authority. However,
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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 Voting. Each Director of the Board shall have one vote.
ARTICLE 8
EXECUTIVE COMMITTEE
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.
ARTICLE 9
OFFICERS
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.
ARTICLE 10
COMMITTEES
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,
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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.
ARTICLE 12
STAFF
12.01 Principal Staff. The following staff members shall be appointed by and serve at the
pleasure of the Executive Committee:
a) Executive Director. 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 and shall have obtained senior fire department management
rank that will provide a range of operational capability to the Authority.
b) Legal Counsel. With the approval of the majority of the Board, legal counsel shall be
appointed to serve as general counsel ("General Counsel") to the Authority.
12.02 Support Staff. Subject to the approval of funding in the Authority's budget and to the
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
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services. Administrative personnel of a Member performing these functions remain
employees of the contributing Member, and are not employees of the Authority.
12.03 Treasurer and Controller. Pursuant to Section 6505.5 and 6505.6 of the Act, the
finance director and finance manager from an original member agency will be selected and
designated as the Treasurer and Controller, respectively, of the Authority. The Treasurer
and the Controller shall be employees of the same Member. The Treasurer shall be the
depository and have custody of all funds of the Authority. The Controller shall 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 set forth in Section 6505, 6505.1, and 6505.5 of the Act, as those sections may
be amended from time to time. To the extent permitted by the Act, the Board of Directors
may change the Treasurer and Controller of the Authority to any person or entity that is
authorized by the Act to occupy such offices.
12.04 Compensation. 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 financial services, there shall be no direct compensation paid by the Authority to any
individuals contributed by a Member or Associate Member agency to serve in the capacity as an
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 this Article 12, unless direct reimbursement is otherwise authorized pursuant to
Section 12.02 or Section 13.06 of this Agreement.
12.05 Personnel Contributed by Members. Participating personnel (both sworn and non -
sworn) assigned to the Authority by a Member or Associate Member shall not be considered
employees or contractors of the Authority for any purpose. Such personnel shall during the
period of assignment remain employees of the assigning Members or Associate Members.
ARTICLE 13
BUDGET, OPERATING FUNDS, AND AUDITS
13.01 Annual Budget. The Executive Director will prepare and submit to the Board of
Directors in sufficient time for revision and adoption prior to July 1 of each year, the
annual budget of the Authority for the next succeeding Fiscal Year.
13.02 Disbursement of Funds. The Executive Director or his/her 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 by
the Board. The Executive Director may apply for, receive, and use credit cards for the sole
purpose of conducting Authority business in accordance with applicable written rules and
regulations.
13.03 Accounting. 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 funds during the term of this Agreement shall be accounted for by the
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Controller in accordance with generally accepted accounting principles applicable to
governmental entities. There shall be strict accountability of all funds by the Controller. All
revenues and expenditures shall be reported by the Controller to the Executive Committee on
a quarterly basis, unless otherwise required by the Board of Directors.
13.04 Approval of Expenditures. All expenditures within the approved budget shall be made
upon the approval of the Executive Director in accordance with the rules, policies, and
procedures adopted by the Board
13.05 Records and Audit. The Controller shall cause to be kept accurate and correct books
of account showing in detail all financial transactions of the Members relating to the
Authority, which books of account shall correctly show any receipts and also any costs,
expenses, or changes paid or to be paid to a Member. These books and records of the
Authority in the hands of the Controller shall be open to inspection at all times during normal
business hours by any representative of a Member, or by any accountant or other person
authorized by a Member to inspect the books of records. The Controller shall cause the books
of account and other financial records of Authority to be audited annually, or biennially if so
authorized by the Board of Directors, by an independent certified public accountant and any
cost of the audit shall be paid by the Authority. 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 when
completed.
13.06 Compensation of Contributed Personnel. All participating personnel contributed and
assigned to the Authority by a Member or Associate Member shall have their salary, benefits,
and overtime, if any, paid by the respective Member or Associate Member. The Authority
may, but is not obligated to, reimburse a Member or Associate Member for expenses, or for
the overtime of employees or for salary, benefits, and overtime of employees contributed for
administrative support as authorized by Section 5.01(k) and Section 12.02, respectively and
as approved by the Executive Director. It shall be the responsibility of the Authority to
institute an auditing system wherein the hours worked by each individual will be documented
and reported on a weekly basis for submission in a timely manner to the individual's
contributing agency.
ARTICLE 14
INDEMNIFICATION AND INSURANCE
14.01 Obligations of the Authority. The debts, liabilities and obligations of the Authority
("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
Member, and the Members shall have no liability therefore.
14.02 Contributed Member Employees. The Members acknowledge that each Member may be
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
12
retain all debts, liabilities, and other obligations for all activities of its employees while acting in
the course and scope of their assignment to the Authority, and shall maintain sufficient insurance
coverage, as determined by the Member, in effect at all times to cover any such claim, loss,
liability, or obligation, or otherwise provide for payment of such liability. Members may elect
to self -insure any insurance obligation under this Agreement.
14.03 Member Indemnity for General Liability of Contributed Employee. Each Member
shall protect, defend, indemnify, and hold free and harmless the Authority and the other
Members, their respective elected and appointed boards, officials, officers, agents,
volunteers, and employees from and against any and all liabilities, damages, loss, cost,
claims, expenses, actions, or proceedings of any kind or nature caused by an employee of the
Member who is performing Authority primary or support functions, including, but not by
way of limitation, injury or death of any person, injury or damage to any property, including
consequential damages and attorneys' fees and costs, resulting or arising out of or in any way
connected with the alleged willful or negligent acts or omissions in the course and scope of
carrying out their responsibilities in the performance of their duties to the Authority and for
which each Member shall maintain sufficient liability coverage, pooled self-insurance
coverage, or a program of self-insurance, which includes coverage for contractual promises
to indemnify, in effect at all times as determined by the Board of Directors, to cover any such
damage claim, loss, cost, expense, action, proceeding, liability, or obligation.
14.04 Member Indemnity for Workers Compensation Liability of Contributed Employee.
Each Member shall fully indemnify and hold harmless the Authority and each other Member,
its officers, employees and agents, from any claims, losses, fines, expenses (including
attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from
or related to (1) any workers' compensation claim or demand or other workers' compensation
proceeding arising from or related to, or claimed to arise from or relate to, employment
which is brought by an employee of the respective agency or any contract labor provider
retained by the public agency, or (2) any claim, demand, suit or other proceeding arising
from or related to, or claimed to arise from or relate to, the status of employment (including
without limitation, compensation, demotion, promotion, discipline, termination, hiring, work
assignment, transfer, disability, leave or other such matters) which is brought by an
employee of the fire department agency or any contract labor provider retained by the fire
department agency.
14.05 Risk Management. The Authority shall employ the principles of sound risk management
in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects
the Authority and each Member from adverse financial consequences. This may be accomplished
in part through the purchase of appropriate commercial insurance. The Board of Directors may
designate a Risk Manager from one of the Members (the "Authority Risk Manager") who shall
act in an advisory capacity to the Board to provide guidance in the area of risk management,
loss control, insurance procurement, and claims management. The Authority Risk Manager
or his/her designee will be responsible for maintaining the original insurance policies and
other risk management and insurance documents.
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14.06 Authority Indemnity of 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, and
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 of limitation, injury or death of any
person, injury or damage to any property, including attorney's fees and costs, resulting or
arising out of or in any way connected with the alleged willful or negligent acts or omissions
in the course and scope of carrying out their responsibilities in the performance of their
duties to the Authority. This provision of indemnify shall not be construed to obligate the
Authority to pay any liability including, but not limited to, punitive damages, which by law
would be contrary to public policy or itself unlawful.
ARTICLE 15
MEMBER RESPONSIBILITIES
15.01 Each Member shall have the following responsibilities:
a) To appoint its Director, or alternate as may be allowed, to or remove from the Board as
set forth in Article 6.
b) To consider proposed amendments to this Agreement as set forth in Article 18.
c) To make contributions in the form of 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 of providing the annual benefits accruing directly to each party from
this Agreement. Any such contributions are subject to approval by the governing bodies
of Member agencies from whom such contributions are sought.
d) To provide to the Authority such other information or assistance as may be necessary for
the Authority to carry out fire protection or safety programs as determined by the Board.
ARTICLE 16
ADMISSION AND WITHDRAWAL OF PARTIES
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 under
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 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. Upon any change in membership, the
Authority shall file a notice of such change of membership within 10 days of its Effective
Date with the Secretary of State and with the county clerk of each county in which the
Authority maintains an office, as required by California Government Code Section 53 05 1.
14
16.03 Members may withdraw from the Authority in accordance with the following procedures
and 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) Effective Date of Withdrawal for a Member or 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 Director.
(2) Disposition of Monetary Contributions Upon Withdrawal. Upon the 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 Authority as of the effective date of the withdrawal, and dividing it by the number of then -
existing Members. Such allocation shall be reduced by the amount of any delinquent fees or
assessments owed by the Member or Associate Member. Each withdrawing or terminating
Member acknowledges and agrees that it is not entitled to and has no rights to a return or share
of any property, supplies, equipment, or other 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 Member
for any or no reason upon majority vote of the entire Board, upon the effective date set by the
Board.
16.05 Upon any withdrawal or involuntary termination of 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 of its withdrawal or involuntary
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
involuntary termination of membership from the Authority. The Authority may withhold funds
otherwise owing to the Member or require the Member to deposit sufficient funds, as determined
by the Board, to cover the Member's contingent responsibility for the foregoing claim, demand,
damage, or liability.
15
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 be owned and controlled by the Authority as its sole and
separate property and not as property of any Member.
17.02 The Authority shall continue to exist and exercise the powers herein until the Authority is
terminated and dissolved by a vote of two-thirds of the entire Board of Directors; provided,
however, that no such dissolution shall be complete and final until the Authority has
satisfactorily disposed of all financial obligations and claims, distributed all assets, and
performed all other functions deemed necessary by the Board to conclude the affairs of the
Authority.
17.03 Termination shall occur upon:
a) The written consent of two-thirds of the Board of Directors; and
b) Full satisfaction of all outstanding financial obligations of the Authority; and
c) All other contractual obligations of the Authority have been satisfied.
17.04 In the event 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
who is on the Board immediately prior to the termination of the Authority, a share of such
funds proportionate to the contribution made to the Authority by the Member which have
accrued during its participation, to the extent determined by the Board in its sole discretion to
be fair and equitable and consistent to the distribution of assets as specified in the Bylaws.
17.05 Notwithstanding any other provisions of the Agreement, the Members agree to abide
by the following procedure for selling of 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 include a financing arrangement for the purchaser to allow for a transition
period after the termination of this Agreement. If an agreement cannot be reached
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 of assets as provided in the Bylaws,
and any modifications to that formula adopted by the Board.
ARTICLE 18
MISCELLANEOUS
18.01 Amendments. This Agreement may be amended with the majority approval of the
Members; provided, however, that no amendment may be made that would adversely affect the
16
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
days 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 Notices. Any notice required or permitted to be made hereunder shall be in writing and
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 Conflicts of Interest. 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 Supervisors, and must comply with all filing and other requirements as set forth therein
and in State law.
18.05 Dispute Resolution and Arbitration. Disputes regarding the interpretation or
application of any provision of this Agreement shall first, to the extent reasonably feasible,
be resolved by and between any Members, or by and between any such Member and the
Authority, through consultation between the parties. In the event the parties cannot resolve
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.
17
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, then current rules
related to commercial arbitration. Judicate West's Commercial Arbitration Rules can be found
at: https://www.judicatewest.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
jurisdiction may enter judgment on the award rendered by 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.
18.06 Partial Invalidity. 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 Successors. 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
Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any
right, claim, or title to any part, share, interest, fund or asset of the Authority.
18.09 Governing Law. This Agreement is made and to be performed in the County of Los
Angeles, State of California, and as such California substantive and procedural law shall apply.
18
18.10 Headings. 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 same force and effect as an original instrument and as if all
Members had signed the same instrument.
18.12 Execution. The legislative body or governing body of each Member
enumerated herein have each authorized execution of this Agreement, as evidenced by the
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 Entire 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 made
by any party, or anyone acting on behalf of any party, which are not embodied herein, and
that any other agreement or modification of this Agreement shall be effective only if
executed in writing and signed by the Authority and all Members.
18.14 Recitals. The above recitals are true and correct and are incorporated in this
Agreement by this reference.
19
IN WITNESS WHEREOF, each Member has caused this Agreement to be executed and attested
by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows:
[MEMBER] Authorization
for Membership in the Los Angeles County Regional Training Group
IN WITNESS WHEREOF, [MEMBER], by Resolution of its [GOVERNING BOARD] has
caused this Joint Powers Agreement to be executed on its behalf by the [MEMBER EMPLOYEE
TITLE], and attested by [BOARD] Clerk, as of the date so executed below.
[MEMBER NAME)
Dated:
ATTEST:
LOM
NAME
TITLE
M.
NAME
TITLE
APPROVED AS TO FORM:
WE
NAME
TITLE
at,
FULLY EXECUTED AGREEMENT
SIGNATURE ROUTING FORM
CONTRACTOR: City of El Segundo
CONTRACT PURPOSE: RTG Joint Powers Authortiy ("JPA") Agreement
CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP
❑ COMPETITIVE BID & NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED)
® SERVICES ❑ MATERIALS ❑ BUDGETED A NOT BUDGETED
TOTAL CONTRACT VALUE: $ Charge Acct. No(s)
Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable)
RESPONSIBLE DEPARTMENT PERSON: Bruce K. English PHONE: ext.287
AUTHORIZATION: IN Approved by Council on 10/16/18
(Check one and attach Resolution No. 2018-37 (if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEQUENCE: (Please Follow In Order) Initials
(1) Responsible Department Person
Certifies compliance with Competitive Bidding and Purchasing Ordinance, �J
obtains approval from City Council/City Administrator/Finance Director, and obtains
approval as to form from the City Attorney's Office, assembles two (2) originals of contract,
obtains proper signatures from contractor/consultant pursuant to the signature requirements,
obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the
City's website (if applicable), enters contract into Eden once routing process is complete.
(2) Liability and Claims
Approves insurance and sureties, if bonds required. 1�)( fi\ N7�-
(3) Finance (Purchasing)
Checks compliance with Corn etitive Bidding &Living Wage Ordinances `
and reflected in current budget..-- 1�k d �, I t� �,k\C \ �.C--
Date
toa17a
r6
(4) City Attorney Ui 11101
Approves contract as to form. l=t=
(5) City Signatory (d
Signs document on behalf of City. �� Q
(6) City Clerk
Attests signatures, numbers and files contract, enters contract documents
(executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche,
transmits duplicate original to contractor/consultant, notifies Responsible Department Person,
and notifies any "consultant" of duties to file Form 700, if applicable.
Rev. 6/2017
JOINT POWERS AGREEMENT FOR
LOS ANGELES AREA REGIONAL TRAINING GROUP
This Joint Powers Agreement ("Agreement") is executed by and among those public
agencies, duly organized and existing, which are parties signatory to the Agreement, including
parties that may later become signatories to this Agreement, for the purpose of operating a joint
powers authority as provided in this Agreement. This Agreement is created pursuant to Article 1
(commencing with Section 6500) of Chapter 5, Division 7, Title I of the California Government
Code relating to the joint exercise of powers between the public agencies.
Each public agency executing this Agreement shall be referred to individually as
"Member," with all referred to collectively as "Members."
RECITALS
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
benefit of the lands and inhabitants within their respective boundaries; and
WHEREAS, the Members propose to join together 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 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 of the Members to create a joint powers authority,
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:
ARTICLE 1
DEFINITIONS
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
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 this
Agreement.
2.02 The purpose of the Authority is to establish a separate organization for the exercise of
powers common to the Members, which may include conducting coordinated trainings and
sharing resources, including but not limited to, facilities, equipment, and information, related to
training firefighters and researching fire prevention, protection, and safety techniques, issues,
2
and information, and to address emerging and existing fire protection and safety issues for the
benefit of their respective lands and inhabitants, in the manner set forth in this Agreement.
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 the
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
purposes.
b) Designing an initial plan to utilize training centers for training focused on
firefighting activities, including Fire Suppression, Paramedic, Hazardous Materials and Urban
Search and Rescue training.
c) Constructing and conducting a comprehensive training needs assessment for the
Authority or its Members.
d) Training regional training staff and instructors on procedures and defining
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
PARTIES TO AGREEMENT; EFFECTIVE DATE
3.01 This Agreement shall become effective, and the Authority shall come into existence, when
this Agreement is authorized and executed by not less than three (3) public agencies ("Effective
Date").
3.02 Members may submit written notice of immediate withdrawal from the Authority within
180 days after the Bylaws are adopted. There will be no costs for any Member that withdraws
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 Authority
will seek applicable and necessary liability coverage during this period.
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
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
ASSOCIATE MEMBERSHIP AGREEMENT
4.01. Power to Enter Into Associate Membership 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.
4.02. Contents of Associate Membership Agreement. 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
f) Specify to what extent, if any, the Associate Member may share in asset distributions.
4.03. Approval of Associate Membership Agreements. 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.
4
ARTICLE 5
POWERS
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.
1) To purchase equipment with prior approval by the Executive Director and pursuant to the
Board's purchasing policy.
m) 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.
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.
5.04 Each Member expressly retains all rights and powers to use other funds or funding sources
to finance, plan, develop, construct, equip, maintain, repair, manage, operate, and control
equipment and facilities for their fire protection and safety needs.
ARTICLE 6
ORGANIZATION
6.01 Composition of Board. The Authority 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
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the designated representative to the Authority in accordance with the Bylaws of the
Authority.
6.02 Termination of Status as Director. A Director shall be removed from the Board of Directors
upon the occurrence of any one of the following events:
a) The withdrawal or removal of the appointing Member from the Authority;
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.
6.03 Compensation. Directors and their alternates, if any, are not entitled to compensation by the
Authority. The Board of Directors may authorize reimbursement of expenses incurred by
Directors in the performance of services for the Authority where such expenses are not paid by
the appointing Member.
6.04 Powers of Board. The Board of Directors shall have the following powers and functions:
a) Except as otherwise provided in this Agreement, the Board shall
exercise all powers and conduct all business of the Authority, either directly or by
delegation to other bodies or persons. The primary objective of 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 of the Board's powers 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 the
Authority's annual budget or any amendments thereto, (ii) the adoption of the Bylaws or
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 subject
to review, and approval, modification, or disapproval, by the Board at its discretion.
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 of the Authority. To the extent that the
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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 be
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 of
accounts, records, and financial affairs of the Authority as necessary or required.
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
accounting 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
MEETINGS OF THE BOARD OF DIRECTORS
7.01 Regular Meetings. 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 special
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 Authority. However,
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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 Voting. Each Director of the Board shall have one vote.
ARTICLE 8
EXECUTIVE COMMITTEE
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.
ARTICLE 9
OFFICERS
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.
ARTICLE 10
COMMITTEES
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,
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.
ARTICLE 12
STAFF
12.01 Principal Staff. The following staff members shall be appointed by and serve at the
pleasure of the Executive Committee:
a) Executive Director. 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 and shall have obtained senior fire department management
rank that will provide a range of operational capability to the Authority.
b) Legal Counsel. With the approval of the majority of the Board, legal counsel shall be
appointed to serve as general counsel ("General Counsel") to the Authority.
12.02 Support Staff. Subject to the approval of funding in the Authority's budget and to the
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
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services. Administrative personnel of a Member performing these functions remain
employees of the contributing Member, and are not employees of the Authority.
12.03 Treasurer and Controller. Pursuant to Section 6505.5 and 6505.6 of the Act, the
finance director and finance manager from an original member agency will be selected and
designated as the Treasurer and Controller, respectively, of the Authority. The Treasurer
and the Controller shall be employees of the same Member. The Treasurer shall be the
depository and have custody of all funds of the Authority. The Controller shall 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 set forth in Section 6505, 6505.1, and 6505.5 of the Act, as those sections may
be amended from time to time. To the extent permitted by the Act, the Board of Directors
may change the Treasurer and Controller of the Authority to any person or entity that is
authorized by the Act to occupy such offices.
12.04 Compensation. 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 financial services, there shall be no direct compensation paid by the Authority to any
individuals contributed by a Member or Associate Member agency to serve in the capacity as an
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 this Article 12, unless direct reimbursement is otherwise authorized pursuant to
Section 12.02 or Section 13.06 of this Agreement.
12.05 Personnel Contributed by Members. Participating personnel (both sworn and non -
sworn) assigned to the Authority by a Member or Associate Member shall not be considered
employees or contractors of the Authority for any purpose. Such personnel shall during the
period of assignment remain employees of the assigning Members or Associate Members.
ARTICLE 13
BUDGET, OPERATING FUNDS, AND AUDITS
13.01 Annual Budget. The Executive Director will prepare and submit to the Board of
Directors in sufficient time for revision and adoption prior to July 1 of each year, the
annual budget of the Authority for the next succeeding Fiscal Year.
13.02 Disbursement of Funds. The Executive Director or his/her 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 by
the Board. The Executive Director may apply for, receive, and use credit cards for the sole
purpose of conducting Authority business in accordance with applicable written rules and
regulations.
13.03 Accounting. 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 funds during the term of this Agreement shall be accounted for by the
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Controller in accordance with generally accepted accounting principles applicable to
governmental entities. There shall be strict accountability of all funds by the Controller. All
revenues and expenditures shall be reported by the Controller to the Executive Committee on
a quarterly basis, unless otherwise required by the Board of Directors.
13.04 Approval of Expenditures. All expenditures within the approved budget shall be made
upon the approval of the Executive Director in accordance with the rules, policies, and
procedures adopted by the Board
13.05 Records and Audit. The Controller shall cause to be kept accurate and correct books
of account showing in detail all financial transactions of the Members relating to the
Authority, which books of account shall correctly show any receipts and also any costs,
expenses, or changes paid or to be paid to a Member. These books and records of the
Authority in the hands of the Controller shall be open to inspection at all times during normal
business hours by any representative of a Member, or by any accountant or other person
authorized by a Member to inspect the books of records. The Controller shall cause the books
of account and other financial records of Authority to be audited annually, or biennially if so
authorized by the Board of Directors, by an independent certified public accountant and any
cost of the audit shall be paid by the Authority. 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 when
completed.
13.06 Compensation of Contributed Personnel. All participating personnel contributed and
assigned to the Authority by a Member or Associate Member shall have their salary, benefits,
and overtime, if any, paid by the respective Member or Associate Member. The Authority
may, but is not obligated to, reimburse a Member or Associate Member for expenses, or for
the overtime of employees or for salary, benefits, and overtime of employees contributed for
administrative support as authorized by Section 5.01(k) and Section 12.02, respectively and
as approved by the Executive Director. It shall be the responsibility of the Authority to
institute an auditing system wherein the hours worked by each individual will be documented
and reported on a weekly basis for submission in a timely manner to the individual's
contributing agency.
ARTICLE 14
INDEMNIFICATION AND INSURANCE
14.01 Obligations of the Authority. The debts, liabilities and obligations of the Authority
("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
Member, and the Members shall have no liability therefore.
14.02 Contributed Member Employees. The Members acknowledge that each Member may be
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
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retain all debts, liabilities, and other obligations for all activities of its employees while acting in
the course and scope of their assignment to the Authority, and shall maintain sufficient insurance
coverage, as determined by the Member, in effect at all times to cover any such claim, loss,
liability, or obligation, or otherwise provide for payment of such liability. Members may elect
to self -insure any insurance obligation under this Agreement.
14.03 Member Indemnity for General Liability of Contributed Employee. Each Member
shall protect, defend, indemnify, and hold free and harmless the Authority and the other
Members, their respective elected and appointed boards, officials, officers, agents,
volunteers, and employees from and against any and all liabilities, damages, loss, cost,
claims, expenses, actions, or proceedings of any kind or nature caused by an employee of the
Member who is performing Authority primary or support functions, including, but not by
way of limitation, injury or death of any person, injury or damage to any property, including
consequential damages and attorneys' fees and costs, resulting or arising out of or in any way
connected with the alleged willful or negligent acts or omissions in the course and scope of
carrying out their responsibilities in the performance of their duties to the Authority and for
which each Member shall maintain sufficient liability coverage, pooled self-insurance
coverage, or a program of self-insurance, which includes coverage for contractual promises
to indemnify, in effect at all times as determined by the Board of Directors, to cover any such
damage claim, loss, cost, expense, action, proceeding, liability, or obligation.
14.04 Member Indemnity for Workers Compensation Liability of Contributed Employee.
Each Member shall fully indemnify and hold harmless the Authority and each other Member,
its officers, employees and agents, from any claims, losses, fines, expenses (including
attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from
or related to (1) any workers' compensation claim or demand or other workers' compensation
proceeding arising from or related to, or claimed to arise from or relate to, employment
which is brought by an employee of the respective agency or any contract labor provider
retained by the public agency, or (2) any claim, demand, suit or other proceeding arising
from or related to, or claimed to arise from or relate to, the status of employment (including
without limitation, compensation, demotion, promotion, discipline, termination, hiring, work
assignment, transfer, disability, leave or other such matters) which is brought by an
employee of the fire department agency or any contract labor provider retained by the fire
department agency.
14.05 Risk Management. The Authority shall employ the principles of sound risk management
in its operations. Risks of loss shall be identified, evaluated, and treated in a manner that protects
the Authority and each Member from adverse financial consequences. This may be accomplished
in part through the purchase of appropriate commercial insurance. The Board of Directors may
designate a Risk Manager from one of the Members (the "Authority Risk Manager") who shall
act in an advisory capacity to the Board to provide guidance in the area of risk management,
loss control, insurance procurement, and claims management. The Authority Risk Manager
or his/her designee will be responsible for maintaining the original insurance policies and
other risk management and insurance documents.
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14.06 Authority Indemnity of 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, and
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 of limitation, injury or death of any
person, injury or damage to any property, including attorney's fees and costs, resulting or
arising out of or in any way connected with the alleged willful or negligent acts or omissions
in the course and scope of carrying out their responsibilities in the performance of their
duties to the Authority. This provision of indemnify shall not be construed to obligate the
Authority to pay any liability including, but not limited to, punitive damages, which by law
would be contrary to public policy or itself unlawful.
ARTICLE 15
MEMBER RESPONSIBILITIES
15.01 Each Member shall have the following responsibilities:
a) To appoint its Director, or alternate as may be allowed, to or remove from the Board as
set forth in Article 6.
b) To consider proposed amendments to this Agreement as set forth in Article 18.
c) To make contributions in the form of 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 of providing the annual benefits accruing directly to each party from
this Agreement. Any such contributions are subject to approval by the governing bodies
of Member agencies from whom such contributions are sought.
d) To provide to the Authority such other information or assistance as may be necessary for
the Authority to carry out fire protection or safety programs as determined by the Board.
ARTICLE 16
ADMISSION AND WITHDRAWAL OF PARTIES
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 under
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 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. Upon any change in membership, the
Authority shall file a notice of such change of membership within 10 days of its Effective
Date with the Secretary of State and with the county clerk of each county in which the
Authority maintains an office, as required by California Government Code Section 53051.
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16.03 Members may withdraw from the Authority in accordance with the following procedures
and 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) Effective Date of Withdrawal for a Member or 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 Director.
(2) Disposition of Monetary Contributions Upon Withdrawal. Upon the 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 Authority as of the effective date of the withdrawal, and dividing it by the number of then -
existing Members. Such allocation shall be reduced by the amount of any delinquent fees or
assessments owed by the Member or Associate Member. Each withdrawing or terminating
Member acknowledges and agrees that it is not entitled to and has no rights to a return or share
of any property, supplies, equipment, or other 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 Member
for any or no reason upon majority vote of the entire Board, upon the effective date set by the
Board.
16.05 Upon any withdrawal or involuntary termination of 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 of its withdrawal or involuntary
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
involuntary termination of membership from the Authority. The Authority may withhold funds
otherwise owing to the Member or require the Member to deposit sufficient funds, as determined
by the Board, to cover the Member's contingent responsibility for the foregoing claim, demand,
damage, or liability.
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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 be owned and controlled by the Authority as its sole and
separate property and not as property of any Member.
17.02 The Authority shall continue to exist and exercise the powers herein until the Authority is
terminated and dissolved by a vote of two-thirds of the entire Board of Directors; provided,
however, that no such dissolution shall be complete and final until the Authority has
satisfactorily disposed of all financial obligations and claims, distributed all assets, and
performed all other functions deemed necessary by the Board to conclude the affairs of the
Authority.
17.03 Termination shall occur upon:
a) The written consent of two-thirds of the Board of Directors; and
b) Full satisfaction of all outstanding financial obligations of the Authority; and
c) All other contractual obligations of the Authority have been satisfied.
17.04 In the event 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
who is on the Board immediately prior to the termination of the Authority, a share of such
funds proportionate to the contribution made to the Authority by the Member which have
accrued during its participation, to the extent determined by the Board in its sole discretion to
be fair and equitable and consistent to the distribution of assets as specified in the Bylaws.
17.05 Notwithstanding any other provisions of the Agreement, the Members agree to abide
by the following procedure for selling of 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 include a financing arrangement for the purchaser to allow for a transition
period after the termination of this Agreement. If an agreement cannot be reached
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 of assets as provided in the Bylaws,
and any modifications to that formula adopted by the Board.
ARTICLE 18
MISCELLANEOUS
18.01 Amendments. This Agreement may be amended with the majority approval of the
Members; provided, however, that no amendment may be made that would adversely affect the
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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
days 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 Notices. Any notice required or permitted to be made hereunder shall be in writing and
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 Conflicts of Interest. 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 Supervisors, and must comply with all filing and other requirements as set forth therein
and in State law.
18.05 Dispute Resolution and Arbitration. Disputes regarding the interpretation or
application of any provision of this Agreement shall first, to the extent reasonably feasible,
be resolved by and between any Members, or by and between any such Member and the
Authority, through consultation between the parties. In the event the parties cannot resolve
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.
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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, then current rules
related to commercial arbitration. Judicate West's Commercial Arbitration Rules can be found
at: https://www.judicatewest.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
jurisdiction may enter judgment on the award rendered by 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.
18.06 Partial Invalidity. 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 Successors. 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
Agreement, and no creditor, assignee or third party beneficiary of any Member shall have any
right, claim, or title to any part, share, interest, fund or asset of the Authority.
18.09 Governing This Agreement is made and to be performed in the County of Los
Angeles, State of California, and as such California substantive and procedural law shall apply.
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18.10 Headings. 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 same force and effect as an original instrument and as if all
Members had signed the same instrument.
18.12 Execution. The legislative body or governing body of each Member
enumerated herein have each authorized execution of this Agreement, as evidenced by the
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 Entire 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 made
by any party, or anyone acting on behalf of any party, which are not embodied herein, and
that any other agreement or modification of this Agreement shall be effective only if
executed in writing and signed by the Authority and all Members.
18.14 Recitals. The above recitals are true and correct and are incorporated in this
Agreement by this reference.
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IN WITNESS WHEREOF, each Member has caused this Agreement to be executed and attested
by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows:
City of Vernon Authorization
for Membership in the Los Angeles County Regional Training Group
IN WITNESS WHEREOF, City of Vernon, by Resolution of its City Council, has caused this
Joint Powers Agreement to be executed on its behalf by the City Administrator, and attested by
the City Clerk, as of the date so executed below.
CITY OF VERNON:
Dated: (O —2,11�( -/ i ° By,
FANDINO
CITY ADM
ATTEST: APPROVED AS TO FORM:
By: By:
M RIA E. AYALX Z AH MOUSSA
CITY CLERK SENIOR DEPUTY CITY ATTORNEY
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STAFF REPORT
City Council Agenda Item Report
Agenda Item No. COV-347-2018
Submitted by: Adriana Ramos
Submitting Department: Fire Department
Meeting Date: October 16, 2018
SUBJECT
A Resolution of the City Council Approving and Authorizing the City of Vernon's Membership in the Los Angeles Area
Regional Training Group and the Execution of a related Joint Powers Agreement
Recommendation:
A. Find that adoption of the proposed resolution is exempt from California Environmental Quality Act C CEQA')
review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the
environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and
B. Adopt a Resolution approving and authorizing the City of Vernon's membership in the Regional Training Group
('RTG') and approving and authorizing the execution of a related RTG Joint Powers Authority ("JPA') agreement.
Backgroud:
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 RTG, which is largely supported through Homeland Security grant funds. By establishing the RTG
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.
Fire agencies within the Los Angeles County Operational Area (LACOA) have worked together for years to prepare
for natural, technological and human -caused disasters. California led the way in the 1940's with the development of the
statewide mutual aid system. Then Southern California fire agencies, through FIRESCOPE, developed the Incident
Command System (ICS) to strengthen the command and coordination of fire resources responding to and managing
large scale emergencies. Both of these regional fire service systems are now in use nationwide.
Several years ago, in keeping with the progressive approach within the Southern California fire service, 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 — simply put the LAAFCA
RTG vision of regional training has become a reality and is a very important component of all 30 fire departments within
the region.
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. Through this 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. 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 JPA under
consideration will ensure regional training continues even as Federal Homeland Security fiords diminish. In fact, the past
three -years has seen an annual $20 million dollar reduction in Homeland Security funding that would otherwise be
available for projects such as RTG and there is no certainty that these dollars will return to levels that were once the
norm.
By joining of the 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 fimding
• Developing a budget
• Creating committees and sub -committees, as needed
• Other related responsbilities as set forth by the JPA Board that will benefit all local fire departments that choose
to form the Regional Training Group Authority
The City Attorney's Office has reviewed and approved the proposed agreement as to form.
Fiscal Impact:
There are no fees associated with joining the RTG JPA at this time, however, it is anticipated that establishing a budget
and seeking funding from member agencies will be a top priority. 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.
ATTACHMENTS
• 1. Resolution - Los Angeles Area Regional Training Group Joint Powers Agreement
• 2. Joint Powers Agreement Information — QA Sheet
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING THE CITY OF VERNON'S MEMBERSHIP
IN THE LOS ANGELES AREA REGIONAL TRAINING GROUP AND
APPROVING AND AUTHORIZING THE EXECUTION OF A LOS
ANGELES AREA REGIONAL TRAINING GROUP JOINT POWERS
AGREEMENT
WHEREAS, the City of Vernon ("City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, 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; and
WHEREAS, 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 their respective lands and
inhabitants; and
WHEREAS, by memorandum dated October 16, 2018, the Fire
Chief has recommended the authorization of the Fire Department's
membership within the Los Angeles Area Regional Training Group ("RTG")
Joint Powers Authority and the approval of a Joint Powers Agreement
which 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
3
areas that appear to have a connection or nexus to the Los Angeles
Area; and
WHEREAS, the City Council of the City of Vernon desires to
become a member of the RTG Authority and approve and authorize the
execution of a Joint Powers Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), because it is a government fiscal activity that will not
result in direct or indirect physical changes in the environment, and
therefore does not constitute a "project" as defined by CEQA
Guidelines section 15378.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City's membership on the Los Angeles Area Regional
Training Group (RTG) Authority and approves the Joint Powers Agreement
with the RTG, in substantially the same form as the copy which is
attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute said Agreement for, and
on behalf of, the City of Vernon and the City Clerk is hereby
authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
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transactions herein approved or authorized, including but not limited
to, any non -substantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to the City of E1 Segundo.
SECTION 7: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk, of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 16th day of October, 2018.
ATTEST:
Maria E. Ayala, City Clerk
APPROVED AS TO FORM:
Zaynah Moussa,
Senior Deputy City Attorney
- 3 -
Name:
Title: Mayor / Mayor Pro-Tem
5
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. ,
was duly passed, approved and adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Tuesday, October 16, 2018, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this day of October, 2018, at Vernon, California.
(SEAL)
- 4 -
Maria E. Ayala, City Clerk
JOINT POWERS AGREEMENT INFORMATION/Q&A
Los Angeles Area Regional Traininq Group
Los Angeles Area Fire Chiefs Association
JOINT POWERS AGREEMENT
LOS ANGELES AREA REGIONAL TRAINING GROUP
JPA Information/Q&A
Background:
By establishing the Regional Training Group (RTG) JPA, we are on the cusp of developing the
next major cooperative nationally recognized Fire Service program. Fire agencies in the Los
Angeles County Operational Area have worked together for years to prepare for natural,
technological, and human -caused disasters. California led the way in the 1940's with the
development of the statewide mutual aid system; Southern California fire agencies, through
FIRESCOPE in the 1970's, developed the Incident Command System to strengthen the command
and coordination of the mutual aid system. Both of these regional fire service systems are now in
use nationwide.
Today the Los Angeles Area Fire Chiefs Association (LAAFCA) has set a vision for the RTG to
create and operate a nationally recognized regional training and education program. As part of a
larger initiative to develop regional training for a progressive fire service environment, the RTG
has successfully proven that regional training through multi -agency integration is a force multiplier
that ramps up resource leverage, and actually increases the capacity of first responders and
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 Strategic Plan identifies ways to better prepare for human -caused and natural
disasters and was developed under the direction of the LAAFCA by the RTG. The next step in this
evolution of cooperation is the establishment of a Joint Powers Agreement (JPA).
LAARTG JPA Information and Q&A
Discussion:
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).
This LA regional based program has the potential to provide Fire Service Training Standards
across the nation as the aforementioned Mutual Aid and FIRESCOPE systems did years ago, while
creating national significance. In our current structure, we have already provided a framework for
training fire department personnel to meet the full range of potential terrorism caused disasters in
the region. The current training platform is Homeland Security Grant funded and is an undertaking
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.
LAARTG JPA Information and Q&A
Outcomes & Responsibilities:
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 good for the greatest number of first 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 be asked to conduct the following:
o Create Bylaws and/or other guidelines
o Develop Overall Policy & Strategies for regional training
o Develop a comprehensive plan for equitable funding
o Develop a budget
o Create committees and sub -committees, as needed
o 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
• Agency 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
of 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
LAARTG IPA Information and Q&A
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:
o Scalable set fee per agency (0-50 employees; 51-200 employees; etc.)
o A per capita cost with a formula agreeable to all participating agencies
o In -kind services to the JPA to offset cost of membership
o ISA agreements with Educational Partners which produce FTE Revenue generation
for the JPA
o Securing Grants (Non -related Homeland Security Grants not requiring a CBRNE
training nexus)
o 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 learning 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.
The best way to predict the future is to create it!