RES 18-997 - Laserfiche WebLink

AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY This Amended and Restated Agreement for the Joint Powers Authority, dated , 2018, is between the City of Livermore, a general law city ("Livermore"), and the City of Pleasanton, a general law'city ("Pleasanton"), collectively referred to as the "Parties". RECITALS In 1996, the Parties entered into an agreement dated December 3, 1996 (the "Original Agreement") to create the Livermore-Pleasanton Fire Department Joint Powers Authority (the "Authority") as a separate governmental entity pursuant to the Joint Exercise of Powers Act, Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with section 6500, et seq.) (the"Act") to exercise powers common to Livermore and Pleasanton and powers granted under the Act. The Authority was created to merge the Parties' individual fire departments and consolidate them into a single fire department to deliver more cost-effective Fire Protection Services, as defined herein, for Livermore and Pleasanton by eliminating . duplicative efforts. The management and governance structure for the Authority was established to preserve the ability for Livermore and Pleasanton to each establish the ' level of service it determines to be appropriate within its own jurisdiction. On January 31, 1997, a Notice of Joint Powers Agreement for the Authority was filed with the Secretary of State pursuant to section 6503.5 of the Act (Attachment A). In 2000, the Parties entered into an agreement, dated August 1, 2000 (the "2000 Agreement"), that amended the Original Agreement to identify the administrative services contributed by the Parties to the Authority, to define the limits of the Authority's powers relative to personnel, to allow the Authority to acquire assets, to allocate liability, and to provide for legal services. The Authority has been successful, and the Parties want the Authority to continue providing Fire Protection Services at the level of service that Livermore and Pleasanton each determine to be appropriate for its own jurisdiction. The Parties also want to improve the Authority's efficiency by providing it with additional powers to contract for goods and services, possess personal and real property, and insure against its liabilities to further increase its operational capabilities and efficiencies. NOW, THEREFORE, Livermore and Pleasanton, for and in consideration of the mutual promises and agreements herein contained, do agree that the Authority shall be managed, governed, operated, and administered as follows: AMENDED AND RESTATED AGREEMENT FOR THE LIVERMORE-PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY Page 2