RES 07147 - Laserfiche WebLink

EXHIBIT A JOM D OF AOiNIERS AGR~IFM FOR Tif E+4ST BAY RE~~IONAL COIYMU+IGATpNS SYST~II AUTHORf lY THIS JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY (the'Agreement~ is entered inm as of the day of ,2007, by and among the (hereinafter collectively ret+erred m as "Members' and ndividuaNy as'Membel~. RECITALS A WHEREAS, Chapter 5 of Division 7 of Title 1 of the Catiforrtia Government Code authorises the Merrthers m enter into an agreementfar the joht exerdse of any power common to them; and B. WHF_REA3, the Members have the common powers, under their respective sovereign and police powers, m acquire real, personal and intangif~le property and th plan, design, finance, constnxt, operate, and maintain public safety radio c~mmunit~tion sysberr>s, faalities and related strtx:eures, and appurtenances and irx~ental improvements thereto;and G WHEREAS, the Members have determined that the publianlerest will be served by the joint exercise of these corrtrrton powers through this Agreement and tl~e creation of a joint powers authority m acquire, plan, design, fltartce, construr~, operate and mathtain a P25 compliant or equivalent (as deTined herein) communications system serving Alameda and Contra Costa Counties and individual political jurisdictions therein, and Q WHEREAS, the Members have further determined that such an East Bay Regional Comrxmications System Pr+ojerft (the "EBRCS Pte'), b which Members and non-members may stthsatbe (the "Subscxrbers'~ subject m the previsions settorth her+e~, should be undertaken in orderlo meet public safety oorrtrrrunk~ttion needs of the Members, and that the EBRCS Project wiA have regional consequertoes beyond fhe Members' geograph~al jurisdit~orts, thus encouraging partidpatlon by other governmental agencies ir>duding but not tirntied m the Stale and Federal government. NOW THEREFORE, in oonsicteration of the prorr>ises, fierrrrs, conditions, and oovenanis contained herein, the Members agree as follows: AGREEMENT 1. Authority and Pug?ose. This Agreement is made under the authority of and pursuant m the Joint Exerase of Powers Act, Chapter 5 of Division 1 of Title 1 of the Caliiomia Government Code (oammertcing with Section ti500 et seq.) (the "Act'), relative b the joint exercise of powers contrrton m the Members and as otherwise granted by the Act. The purpose of this Agreement is m provide for the acquisition of red, personal and thtang~le property; and the plannhg, design, financing, regulation, pemtiding, environmenhal evaluation, public outreach, oortstruction, operatan, and maintenance of the EBRCS Project, or any identifiable portion of the EBRCS Project. Notwithstanding anything in this Agreement m the contrary, each Member also reserves as of i~ rights and powers m proceed Joint Exercise of Powers Agreement for the East Bay Regional Communications System Authority Final Ag-eemern: May 22, 2007 Page 1 of 11