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BACKGROUND The LPFD was established in 1996 to create a separate governmental entity for the cities of Livermore and Pleasanton to share a combined fire department to increase collective effectiveness and operating efficiencies The 1996 Joint Powers Agreement was amended in 2000 to define the duties and responsibilities of the Fire Chief, add the role of primary legal counsel, provide the LPFD with the ability to receive, accept, and disburse funds and to utilize administrative services contributed by the cities Additionally, the 2000 amendment also defined administrative services, capital expenditures, operation costs, and the liability of the cities with respect to the LPFD DISCUSSION The proposed Amended and Restated Agreement is intended to more clearly define the LPFD's duties, responsibilities, and powers, and the LPFD's relationship to the cities The Amended and Restated Agreement does the following - Continues to allow each city to determine what level of service is appropriate for its own jurisdiction, - Specifies the powers granted to LPFD, such as entering into contracts, acquiring and maintaining insurance, employing or contracting for personnel, acquiring and holding equipment and real property, and obtaining grant funding, - Expressly reserves certain powers to the cities, such as eminent domain, the power to impose taxes, assessments, fees, or charges, and the ability to form special districts, - Establishes a process and methodology to guide how the cities will allocate and share LPFD costs, - Specifies that the cities own the fire stations in their respective jurisdictions and make them available to the LPFD, - Provides a schedule to be used as part of the budgeting process to identify equipment and vehicles owned by each city, - Provides that the LPFD can and shall secure its own insurance to protect itself and the cities, - Allows for greater liability protection for the cities, - Permits the cities to provide employees for the LPFD through a variety of means, - Specifies procedures to resolve impasses at a Board of Directors meeting, - Establishes procedures for the allocation of equipment, personnel, and liabilities should the LPFD be dissolved The Amended and Restated Agreement draws a distinction between LPFD personnel and the other organizational and support services (administrative services, finance, budget, purchasing, human resources, labor, legal, risk management, workers compensation, minutes and record keeping and information technology functions) that will continue to be contributed to the LPFD by the cities It also more clearly defines the LPFD's administration and the budgeting process for its operation Page 2 of 3