Resolution 14107CITY OF ALAMEDA RESOLUTION NO.141°7
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO
i EXCEED $54,100 TO SUPPORT THE FORMATION OF THE EAST BAY
ALLOW THE CITY OF ALAMEDA TO PARTICIPATE AS A MEMBER OF THE
EAST BAY REGIONAL COMMUNICATIONS SYSTEM JOINT POWERS
AUTHORITY AND ALSO SUBMIT A GOOD FAITH PAYMENT NOT TO
REGIONAL COMMUNICATIONS SYSTEM
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d e, WHEREAS, the Alameda City Council has reviewed the proposed joint powers
'o c, agreement among the Counties of Alameda and Contra Costa, various cities within
o. Alameda and Contra Costa Counties, including the City of Alameda forming the East
a Bay Regional Communications System Authority (the "Agreement "); and
WHEREAS, the Alameda County and Contra Costa Board of
Supervisors /Alameda City Council concurs in the recitals of the Agreement; and
WHEREAS, the Alameda County and Contra Costa Board of
Supervisors /Alameda City Council desires to approve the Agreement forming the East
Bay Regional Communications System Authority (the "Authority "); and
WHEREAS, the approval of the Agreement has been reviewed in accordance
with the provisions of the California Environmental Quality Act (CEQA) and has been
found to be categorically exempt pursuant to CEQA Guidelines Section 15320 relating
to changes in the organization of local agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
Alameda County and Contra Costa and the City Council of the City of Alameda as
follows:
1. The Agreement forming the Authority, attached hereto as Exhibit A. is hereby
approved and the City Manager is hereby authorized to execute it on behalf of the City
of Alameda.
2. The Notice of Exemption pursuant to the CEQA relating to the approval of the
Agreement, attached hereto as Exhibit B, is hereby approved. The City Manager is
hereby authorized to execute the Notice of Exemption on behalf of the /City of Alameda,
and is directed to file it in accordance with CEQA Guidelines Section 15062.
EXHIBIT A
JOINT EXERCISE OF POWERS AGREEMENT FOR THE
EAST BAY REGIONAL COMMUNICATIONS SYSTEM AUTHORITY
THIS JOINT EXERCISE OF POWERS AGREEMENT FOR THE EAST BAY REGIONAL COMMUNICATIONS
SYSTEM AUTHORITY (the "Agreement') is entered info as of the, 19 _ day of June ; 2007, by and
among the 1 ,,
11 - 11 1 -
1 11 11 1
1 1
.- 1I G 11111
(hereinafter collectively referred to as "Members" and individually as "Member").
RECITALS
A. WHEREAS, Chapter 5 of Division 7 of Title 1 of the Califomia Government Code authorizes the
Members to enter into an agreement for the joint exercise of any power common to them; and
B. WHEREAS, the Members have the common powers, under their respective sovereign and
police powers, to acquire real, personal and intangible property and to plan, design, finance, construct,
operate, and maintain public safety radio communication systems, facilities and related structures, and
appurtenances and incidental improvements thereto; and
C. WHEREAS, the Members have determined that the public interest will be served by the
joint exercise of these common powers through this Agreement and the creation of a joint powers
authority to acquire, plan, design, finance, construct, operate and maintain a P25 compliant or
equivalent (as defined herein) communications system serving Alameda and Contra Costa Counties
and individual political jurisdictions therein; and
D. WHEREAS, the Members have further determined that such an East Bay Regional
Communications System Project (the "EBRCS Project'), to which Members and non - members may
subscribe (the "Subscribers") subject to the provisions set forth herein, should be undertaken in order to
meet public safety communication needs of the Members, and that the EBRCS Project will have regional
consequences beyond the Members' geographical jurisdictions, thus encouraging participation by other
governmental agencies including but not limited to the State and Federal government
NOW THEREFORE, in consideration of the promises, terms, conditions, and covenants
contained herein, the Members agree as follows:
AGREEMENT
1. Authority and Purpose. This Agreement is made under the authority of and pursuant to the
Joint Exercise of Powers Act, Chapter 5 of Division 7 of Title 1 of the California Govemment Code
(commencing with Section 6500 et seq.) (the "Act "), relative to the joint exercise of powers common to
the Members and as otherwise granted by the Act. The purpose of this Agreement is to provide for the
acquisition of real, personal and intangible property; and the planning, design, financing, regulation,
permitting, environmental evaluation, public outreach, construction, operation, and maintenance of the
EBRCS Project, or any identifiable portion of the EBRCS Project. Notwithstanding anything in this
Agreement to the contrary, each Member also reserves all of its rights and powers to proceed
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority.
Final Agreement: May 22, 2007
Page 1 of 11
separately within its jurisdictional boundaries on any compatible public safety communications projects
anticipated to become part of the EBRCS Project; provided, however, that the planning, design, and
construction of such projects should be consistent with the Functional Specifications for the EBRCS
Project dated May 12, 2006 (the "Functional Specifications ") or as subsequently
amended by the Authority's Board of Directors and incorporated herein by this reference.
The general specifications and performance standards for the EBRCS Project are as follows:
The EBRCS Project is designed as a P25 digital trunking system operating in the 800Mhz/700Mhz
frequency spectrum. The system solution is a wide area, two county, IP -based architecture
communications system that is compliant with the ANSI1EIA/TIA -102 suite of standards. The EBRCS
Project will utilize sites strategically located throughout, but not limited to, Member jurisdictions. The
EBRCS Project is also expected to meet typical public safety requirements of a Grade of Service of two
percent busies during the busy hour with an estimated 90 percent of busy calls queued within 2.5
seconds.
For purposes of this Agreement, P25 compliant or equivalent means a common set of standards for
first - responders that allows the highest level of interoperable communications in a digital mode.
2. Creation of Authority and Jurisdiction. Pursuant to the Act, the Members hereby create the
East Bay Regional Communications System Authority (the "Authority"), a public entity separate and
distinct from each of the Members. The jurisdiction of the Authority shall be all territory within the
geographic boundaries of the Members, however the Authority may undertake any action outside such
geographic boundaries as is necessary and incidental to the accomplishment of its purpose and the
EBRCS Project.
3. Term and Termination. This Agreement shall be effective as of the date first above written. It
shall remain in effect until the purpose stated in Section 1 of this Agreement is fully accomplished, or
until terminated by the vote of a majority of the governing bodies of the Members; provided, however,
that this Agreement may not be terminated, and no Member may withdraw its membership, until (a) all
bonds or other instruments of indebtedness issued by the Authority and the interest thereon, if any, have
been paid in full or provision has been made for payment in full and (b) all outstanding obligations and
liabilities of the Authority have been paid in full or provision has been made for payment in full, except
as set forth in Section 13.
4. Powers of the Authority.
a. Powers. The Authority shall have all powers necessary or reasonably convenient to
carry out the purposes stated in Section 1 of this Agreement, including, but not limited
to, the following;
(1) To secure administrative office space and furnishings;
(2) To make and enter into contracts including other joint powers agreements and
Subscriber agreements;
(3) To contract for, or employ, administrative, technical, legal and support staff, and
consultants and contractors of any kind;
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 2 of 11
(4) To acquire and maintain insurance of all types;
(5) To lease or sublease real, personal and intangible property;
(6) To acquire, hold, or dispose of real, personal or intangible property by negotiation,
dedication or eminent domain provided, however, that the power of eminent
domain shall be used to acquire real, personal or intangible property of a Member
only with the consent of the governing body of such Member;
(7) To own, lease, sublease, acquire, operate, maintain and dispose of materials,
supplies, and equipment of all types including, but not limited to intangible property
such as radio frequencies;
(8) To plan, and to conduct environmental evaluation and other analyses in
connection therewith, and design buildings, facilities or communications
improvements of any kind;
(9) To construct, operate, and maintain buildings, facilities or communications
improvements of any kind, provided that (i) for new buildings, facilities or
communications improvements located on property owned by a public entity, the
Authority shall provide appropriate public notice of proposed action, but shall be
exempt from all local land use and zoning regulations; and (ii) for new buildings,
facilities or communications improvements located on private property, the
Authority shall apply for and receive appropriate approvals under the applicable
local land use and zoning regulations;
(10) To accept, hold, invest (pursuant to the Act, including, without limitation, Section
6509.5 thereof), manage, and expend monies;
(11) To obtain and secure funding from any and all available public and private sources
including local, state, and federal government, including but not limited to, bond
issuances, lease purchase agreements, public grants, public and private contributions,
public and private loans, and other funds;
(12) To incur debts, liabilities or obligations, subject to the provisions of this Agreement,
provided that no debt, liability, or obligation shall constitute a debt, liability or
obligation of the Members, either jointly or severally.
(13) Subject to applicable legal authority, to impose, levy, collect, or cause to be
collected, or to receive and use, public safety communication impact or development
fees on new residential, commercial, and industrial development;
(14) Subject to applicable legal authority, to form one or more special assessment
districts under any legal authority that exists now or in the future, including, without
limitation, the Improvement Act of 1911 (Streets & Highways Code Section 5000 et
seq.), the Municipal Improvement Act of 1913 (Streets & Highways Code Section
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 3 of 11
10000 et seq.), the Improvement Bond Act of 1915 (Streets & Highways Code
Section 8500 et seq.), and the Marks -Roos Local Bond Pooling Act of 1985
(Government Code Section 6584 et seq.);
(15) Subject to applicable legal authority, to form one or more special tax districts
under the Mello -Roos Community Facilities District Act of 1982 (Government Code
Section 53311 et seq.) or any other authority that may exist now or in the future;
(16) To negotiate and enter into reimbursement agreements when monies to construct
project improvements are advanced;
(17) Subject to applicable legal authority, to cause taxes, assessments, fees or
charges to be levied in accordance with applicable State and Federal law, and in a
manner to accomplish the purposes of the Authority;
(18)To issue bonds and sell or lease any facilities for purposes of debt financing;
(19) To carry on technical and other investigations of all kinds necessary to further the
purposes of the Authority;
(20)To sue and be sued;
(21)To amend the Functional Specifications; and
(22)To exercise all powers incidental to the foregoing including, but not limited to,
contracting for services from Members, reimbursing Directors for expenses
incurred as permitted by law and adopting personnel rules and regulations.
b. Limitation of Imposition of Powers. The provisions of subsection a. notwithstanding,
the Board of Directors shall have no power to impose taxes, assessments, fees or
charges within any Member's jurisdiction unless the Member's governing body adopts
a resolution approving the tax, assessment, fee or charge.
c. Additional Powers to be Exercised. In addition to those powers common to each of the
members, the Authority shall have those powers that may be conferred upon it by
subsequently enacted legislation.
d. Restriction on Exercise of Powers. Pursuant to Section 6509 of the Act, the County of
Alameda is designated as the Member for determination of the restrictions upon the
Members in exercising the powers set forth in this Agreement.
e. Debts, Liabilities and Obligations. The debts, liabilities, and obligations of the Authority shall
not constitute debts, liabilities, or obligations of the Members, either jointly or severally.
5. Duties. The Authority shall have the duty to do the following within the times specified or, if
no time is specified, within a reasonable time:
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement; May 22, 2007
Page 4 of 11
a. To retain legal counsel for all Authority business, including litigation;
b. To evaluate the need for, and acquire and maintain if necessary, liability, errors and
omissions, or other insurance;
c. To conduct an annual audit as required by the provisions of Subsection 6.d(3); and
d. To use its best efforts to develop and adopt within six (6) months of execution of this
Agreement: (i) a Capital Plan specifying a means or formula for determining the timing
and sequencing of construction of the EBRCS Project consistent with the Functional
Specifications referenced in Section 1 of this Agreement and (ii) a funding plan
specifying a means or formula for funding the Authority's operations and any EBRCS
Project phases that are the responsibility of the Authority (the "Funding Plan "), which
Funding Plan will include an allocation of costs among the Members, Subscribers to
the EBRCS Project and other funding sources.
e. To administer the EBRCS Project in accordance with the purposes set forth in Section
1
f. To establish within six (6) months of the execution of this Agreement ad hoc
operational and technical committees as necessary to consider and recommend to the
Board of Directors system implementation issues.
To encourage other governmental and quasi - governmental agencies including but not
limited to the State and Federal government, and special districts to participate as
Subscribers in the EBRCS Project.
h. To establish system participation pricing including start -up costs, and ongoing
Subscriber /Member unit pricing to cover system operations, technical upgrades, and
system replacement reserves.
9.
i. To establish policies and procedures for the voluntary transfer and /or lease of assets
from Member jurisdictions including but not limited to frequencies, transmitter sites and
associated equipment.
J•
To enter into agreements with Members, or, in the event that a particular skill or
service is unavailable from Members, with outside vendors to perform maintenance of
the system.
k. To provide yearly performance review of the EBRCS Project and to report thereon as
directed by the Board of Directors.
6. Administration.
a. Govemino Board - Membership. The Authority shall be administered by a Board of
Directors (the "Board ") consisting of twenty -three (23) Directors and their respective
altemates. Directors and alternates shall be appointed as follows and, at the time of such
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 5 of 11
appointment and for the duration of such service, shall be employees or officers of Member
agencies:
(1) Alameda County Board of Supervisors
(1) Contra Costa County Board of Supervisors
(1) Alameda County Police Chiefs Association (to be selected by the Association)
(1) Contra Costa County Police Chiefs Association (to be selected by the Association)
(1) Alameda County Fire Chiefs Association (to be selected by the Association)
(1) Contra Costa County Fire Chiefs Association (to be selected by the Association)
(1) Special District (to be selected by the Association)
(1) Alameda County, County Administrator
(1) Contra Costa County, County Administrator
(1) Alameda County Sheriff
(1) Contra Costa County Sheriff
(3) Contra Costa County City Managers (to be selected by the Association)
(3) Alameda County City Managers (to be selected by the Association)
(3) Contra Costa County Elected Officials (to be selected by the Mayor's Conference)
(3) Alameda County Elected Officials (to be selected by the Mayor's Conference)
Altemates shall serve as Directors in the absence of their respective Directors and shall
exercise all rights and privileges thereof. Each Director and each altemate for such
Director shall serve at the pleasure of the appointing entity and may be removed at any
time without notice.
b. Meetings.
(1) Regular Meetings. The Board shall by resolution establish the number of regular
meetings to be held each year and the date, hour and location at which such regular
meetings shall be held; provided, that the Board shall meet at least once every year.
(2) Special Meetings. Special meetings of the Board may be called in accordance with the
provisions of the Ralph M. Brown Act (Govemment Code Section 54950 et seq.).
(3) Conduct of Meetings. All meetings of the Board shall be held in accordance with the
Ralph M. Brown Act (Govemment Code Section 54950 et seq.).
(4) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the
Board to be kept and shall, as soon as possible after each meeting, cause a copy of
the minutes to be forwarded to each Director, the Members, and other parties upon
request.
(5) Quorum. Twelve (12) Directors of the Board shall constitute a quorum for the
transaction of business. Except as provided in Section 7 below, actions of the Board
shall require the affirmative vote of a majority of the entire Board (Le., twelve (12)
affirmative votes).
c. Procedures.
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 6 of 11
(1) The Board shall elect annually a Chair from among its membership to preside at
meetings and shall select a Secretary who may, but need not, be a Director. The ,
Board may, from time to time, elect such other officers as the Board shall deem
necessary or convenient to conduct the affairs of the Authority.
(2) The Board may adopt by resolution rules of procedure, not inconsistent with the
provisions of this Agreement, to govem the conduct of its meetings. Such rules of
procedure shall be in accordance with the Ralph M. Brown Act (Government Code
Section 54950 et seq.).
(3) Directors of the Board and designated officials and employees, if any, shall comply
with the Political Reform Act of 1974, Title 9 of the Califomia Govemment Code
(commencing with Section 81000 et seq.).
d. Fiscal Matters.
(1) Treasurer and Auditor.
(A) Except as provided in Subsection (C), below, the treasurer and auditor of
Alameda County, respectively, are designated the Treasurer and Auditor of the
Authority with the powers, duties, and responsibilities specified in the Act, including,
without limitation, Sections 6505 and 6505.5 thereof.
(B) The Board shall designate a certified public accountant as the independent
auditor of the Authority with the powers, duties, and responsibilities specified in the
Act, including, without limitation, Sections 6505 and 6505.5,
(C) Notwithstanding Subsection (A) above, the Board may at any time appoint
one or more of the Authority's officers or employees to either or both of the positions of
Treasurer or Auditor as provided in the Act.
(2) Custodian of Property. The Treasurer and Auditor of the Authority shall be the public
officers who have charge of, handle, and have access to, the Authority's property and shall
file with the Authority an official bond in the amount set by the Board.
(3) Accounts and Reports. The Board shall establish and maintain such funds and
accounts as may be required by generally accepted public accounting practice. The books
and records of the Authority shall be open to inspection at all reasonable times to the
Members and their respective representatives. The accounts shall be prepared and
maintained by the Treasurer and Auditor of the Authority. The Authority shall, within one
hundred twenty (120) days after the close of each fiscal year, cause an independent audit
of all financial activities for such fiscal year to be prepared by the independent certified
public accountant employed by the Authority in accordance with Government Code
Section 6505. The Authority shall promptly deliver copies of the audit report to each
member of the Board and the Members.
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 7 of 11
(4) Budget. The Board shall adopt a budget no later than one hundred twenty (120) days
after the first meeting of the Board and no later than June 30th of each year thereafter.
(5) Contributions. Within 90 days of execution of this Agreement, the Board will establish
by two - thirds (213) vote of the Board the amount of start -up funds to be contributed to the
Authority by each Member. Additional contributions shall be specified in the Funding Plan
to be adopted by two -thirds (2/3) vote of the Board, in accordance with Section 5.d. and
Section 7.a.
(6) Fiscal Year. The fiscal year of the Authority shall be the period from July 1st of each
year to and including the following June 30th.
7. Voting. Each member of the Board shall have one vote. The Board may take action by the
affirmative vote of the majority of the entire Board. However, the following actions may only be taken with
the affirmative vote of at least sixteen (16) Directors.
a. Establish start -up contributions from Members, as referenced in Section 6.d.(5) of this
Agreement and adopt a Funding Plan, as referenced in Sections 6.d.(5) and 5.d.;
b. Levy and collect, or cause to be collected, communication impact fees on new residential,
commercial, and industrial development, as authorized by local, state, and federal law;
c. Form a special assessment district under any legal authority that exists now or in the
future, including, without limitation, the Improvement Act of 1911 (Streets & Highways Code
Section 5000 et seq.), the Municipal Improvement Act of 1913 (Streets & Highways Code
Section 10000 et seq.), and the Improvement Bond Act of 1915 (Streets & Highways Code
Section 8500 et seq.), as authorized by local, state, and federal law;
d. Form a special tax district under the Mello -Roos Community Facilities District Act of 1982
(Govemment Code Section 53311 et seq.) or any other authority that may exist now or in
the future;
e. Cause taxes, assessments, fees or charges to be levied as authorized by local, state, and
federal law, and in a manner to accomplish the purposes of the Authority;
f. Issue bonds or other forms of debt; and
g. Exercise the power of eminent domain.
8. Reserved.
9. Indemnification. The Authority shall acquire such insurance protection as is necessary to
protect the interest of the Authority and its Members. The Authority shall assume the defense of and
indemnify and save harmless the Members and their governing bodies, officers, agents, and
employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and
description directly or indirectly arising from the performance of any of the activities of the Authority or
the activities undertaken pursuant to this Agreement.
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 8 of 11
10. Liability of Board, Officers and Employees.
a. The Directors, officers, and employees 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. They shall not be liable to the Members for any
mistake of judgment or other action made, taken, or omitted by them in good faith, nor for
any action made, taken, or omitted by any agent, employee, or independent contractor
selected with reasonable care, nor for loss incurred through the investment of the
Authority's funds, or failure to invest the same.
b. To the extent authorized by Califomia law, no Director, officer, or employee of the Authority
shall be responsible for any action made, taken, or omitted, by any other member of the
Board, officer, or employee. No member of the Board, officer, or employee of the Authority
shall be required to give a bond or other security to guarantee the faithful performance of
his or her duties pursuant to this Agreement, except as provided in Subsection 6.d (2).
c. The funds of the Authority shall be used to defend, indemnify, and hold harmless the
Authority and Director, officer, or employee of the Authority for actions taken in good faith
and within the scope of his or her authority. Nothing herein shall limit the right of the
Authority to purchase insurance to provide coverage for the foregoing indemnity.
11. Rules. The Board may adopt, from time to time, such policies, procedures, bylaws, rules and
regulations for the conduct of the Authority's affairs as the Board deems necessary and appropriate.
12. Disposition of Property upon Termination. In the event of termination of the Authority pursuant
to Section 3 herein and where there will be a successor public entity which will carry on the functions of
the Authority and assume its assets and liabilities, the assets of the Authority shall be transferred to the
successor public entity. If upon termination pursuant to Section 3, there is no successor public entity
which will carry on the functions of the Authority and assume its assets, the assets shall be retumed to
the Members as follows: (a) all real property and any improvements thereon shall be conveyed to the
Member which owned the property prior to the formation of the Authority, and (b) all other assets shall
be divided among the Members in proportion to their respective contributions during the term of this
Agreement. If upon termination pursuant to Section 3, there is a successor public entity which will carry
on some of the functions of the Authority and assume some of the assets, the Authority's Board shall
allocate the assets between the successor public entity and the Members.
13. New Parties and Termination and Withdrawal of Existing Parties. The Board shall have
plenary authority to establish rules, standards and charges for the admission of new parties to this
Agreement and for the termination and withdrawal of existing parties to this Agreement, subject to the
provisions set forth in this Agreement. Admission of a new member shall not require amendment to this
Agreement. New parties may become members on any conditions prescribed by the Board including
payment of special fees and charges. The Board shall further have plenary authority to establish
conditions for non - member Subscribers to the EBRCS Project whether such non - member Subscribers
are or are not public entities. In the event that a Member seeks to withdraw from the from the Authority
prior to issuance of bonds or other instruments of indebtedness, the withdrawing Member shall be
charged an amount which shall represent a fair and equitable pro rata share of the costs, expenses and
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 9 of 11
obligations incurred by the Authority at that time, as determined by the Board.
14. Successors: Assignment. This Agreement shall be binding upon and shall inure to the benefit
of the successors of the Members. No Member may assign any rights or obligations hereunder without
the unanimous consent of the goveming bodies of the other Members; provided, further, that no such
assignment may be made if it would materially and adversely affect (a) the rang of bonds issued by the
Authority, or (b) bondholders holding such bonds.
15. Amendments. This Agreement may be amended only by the mutual agreement of all the
goveming bodies of the Members. So long as any bonds of the Authority are outstanding and unpaid,
or funds are not otherwise set aside for the payment or redemption thereof in accordance with the terms
of the bonds and the documentation relating thereto, this Agreement shall not be amended, modified or
otherwise revised, changed or rescinded, if such action would (a) materially and adversely affect (1) the
rating of bonds issued by the Authority, or (2) bondholders holding such bonds, or (b) limit or reduce the
obligations of the Members to make, in the aggregate, the payments under the Funding Plan which are
for the benefit of the owners of the bonds.
16. Notices. Any notices to Members required by this Agreement shall be delivered or mailed, U.S.
first class, postage prepaid, addressed as follows:
City Manager
City of Alameda
2263 Santa Clara Ave, Room 320
Alameda, California 94501
Notices under this Agreement shall be deemed given and received at the earlier of actual receipt, or the
second business day following deposit in the United States mail, as required above. Any Member may
amend its address for notice by notifying the other Members pursuant to this Section.
17. Severability. Should any part, term, or provision of this Agreement be decided by the courts to
be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable
or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.
18. Liberal Construction. The provisions of this Agreement shall be liberally construed as
necessary or reasonably convenient to achieve the purposes of the Authority.
19, Headings. The headings used in this Agreement are for convenience only and have no effect
on the content, construction, or interpretation of the Agreement.
20. Counterparts. This Agreement may be executed in any number of counterparts, and by
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 10 of 11
different parties in separate counterparts, each of which, when executed and delivered, shall be deemed
to be an original and all of which counterparts taken together shall constitute but one and the same
instrument.
21. Agreement Complete. The foregoing constitutes the full and complete Agreement of the
parties. There are no oral understandings or agreements not set forth in writing above. Any such
agreements merge into this Agreement.
IN WITNESS WHEREOF, the Members have entered into this Agreement effective on the date first
above written.
[signature pages to follow]
942861_5; 1191.002
Debra Kurita
City Manager - City of Alameda
Date:
By:
Approved as to Form
CITY ATTORNEY
Assistant City Attorney
Joint Exercise of Powers Agreement for the
East Bay Regional Communications System Authority
Final Agreement: May 22, 2007
Page 11 of 11
NOTICE OF EXEMPTION
To:
EXHIBIT B
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
or County Clerk
County of Alameda
1225 Fallon Street
Oakland, CA 94612
From: City of Alameda
Office of the City Manager
2263 Santa Clara Avenue
Room 320
Alameda, CA 94501 -4477
Project Title: Adopt a Resolution Authorizing the City Manager to Execute the Agreement to Allow
the City of Alameda to Participate as a Member of the East Bay Regional Communications System
Joint Powers Authority and Also Submit a Good Faith Payment Not to Exceed $54,100 to Support
the Formation of the East Bay Regional Communications System.
Project Location - City: Alameda Project Location - County: Alameda
Description of Project : The agreement and "good faith" payment is to construct a shared two -
county regional communications system that is Project 25- compliant system. Project 25 is a suite of
standards for digital radio communications for use by federal, state, and local public safety agencies
to enable them to efficiently communicate and coordinate with other agencies. In order to manage
the system, a task force of elected officials, city managers, and public safety representatives from
both counties developed a governance model, the East Bay Regional Communications System Joint
Powers Authority.
Name of Public Agencies Approving Project: City of Alameda.
Name of Person or Agency Carrying Out Project:
City of Alameda
Office of the City Manager
Exempt Status: (check one)
Ministerial (Sec. 15268)
Declared Emergency (Sec. 15269(a))
Emergency Project (Sec. 15269(b)(c))
x Categorical Exemption in the following category:
CEQA Guideline Section 15320: Class 20 consists of changes in the organization or
reorganization of local governmental agencies where the changes do not change the geographical
area in which previously existing powers are exercised.
_Statutory Exemptions. State code number:
Other basis:
Reasons why project is exempt: In this case, the City is electing to join and help fund the East Bay
Regional Communications System Joint Powers Authority (EBRCS JPA) to more ably seek and
manage grant funding and coordinate the current operations of the communications system in
Alameda and Contra Costa Counties. Based on this evidence, the project is determined to be exempt
from the requirements of CEQA.
Lead Agency Contact Person: Debra Kurita
Area Code /Telephone: 510 - 747 -4700
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project:
x Yes No
Signature:
Date Received for Filing:
Date Posted:
Date Removed:
Name /Title: Debra Kurita
City Manager,
City of Alameda
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 19th day of June 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 20th day of June, 2007. p
2L' GZ
Lara Weisiger, City CI
City of Alameda