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2. Specific Comments <br /> a. 7.2 Termination, subdivision. 1 <br /> i. This subdivision allows the joint powers entity (the FPC) to dissolve itself. Only <br /> the member Cities who authorize a joint powers entity can dissolve a joint <br /> powers entity. Certainly, the FPC can recommend to the member Cities that the <br /> entity should be dissolved. Alternatively, the joint powers agreement can set <br /> specific standards that trigger termination. <br /> For example, termination could occur if 50% of Cities drop out. Accounting <br /> principles could be used to trigger termination. For example, if net expenses <br /> exceed net revenue without budgetary supplementation for the member Cities, <br /> then termination is triggered. <br /> This subdivision could be revised to clarify intent. I suggest stating that the FPC <br /> should recommend termination to the member Cities when it determines that <br /> continued operation of the FPC becomes impractical or uneconomical to <br /> continue. <br /> b. 8.2 Insurance <br /> i. Please change the first sentence as follows: "The FPC fffay is required to <br /> maintain such insurance as will protect FPC ... ". Coverage is a <br /> fundamental requirement for a joint powers entity. Whether that insurance <br /> coverage comes from a policy purchased by the FPC, or coverage comes from <br /> the County or the Joint Law Enforcement Council's policy, does not need to be <br /> determine by this agreement. <br /> c. 10.4 Independent Contractor <br /> i. I have questions regarding both the intent and the need for this paragraph. This <br /> paragraph classifies "the parties" as independent contractors and not as <br /> employees. Since a City cannot be an employee, I presume this phrase is meant <br /> to say that the employees of the member Cities are reclassified as independent <br /> contractors ?? One of the great benefits of a joint powers agreement and entity <br /> is to concentrate potential legal liability in the joint powers entity while <br /> shielding the member Cities from liability. Here are three concepts to consider <br /> before deciding to either redraft this paragraph or simply delete this paragraph: <br /> 1. So long as an employee working under the joint powers entity is acting <br /> within the scope of the joint powers agreement, the member Cities <br /> should enjoy a shield from liability regardless if that person is an <br /> employee or independent contractor; <br /> 3 <br /> 80 <br />