HomeMy WebLinkAboutContracts & Agreements_1-1990_CCv0001.pdf MINUTES OF THE BOARD OF SUPERVISORS
Agree. 90-943 OF SAN BERNARDINO COUNTY, CALIFORNIA
JPA-Clerk's Office
CSA 70, SBCEA August 13 , 1990
CVFPD
Inc. Cities: Colton, LL,
Redlands & Rialto
FROM: VERNON G. KNOUREK, Assistant Administrative Officer
for Special Districts
SUBJECT: JOINT POWERS AUTHORITY AGREEMENT--COUNTY SERVICE
AREA 70 (SAN BERNARDINO COUNTY CONSOLIDATED FIRE
AGENCY) AND CENTRAL VALLEY FIRE PROTECTION DISTRICT
RECOMMENDATION: On behalf of County Service Area 70 and Central
Valley Fire Protection District:
1. Approve Joint Powers Authority Agreement No. 90- 943
with the cities of Colton, Loma Linda, Redlands, and
Rialto for the establishment of a centralized
communications program; and,
2 . Adopt Resolution No. 90- 376 , appointing the Third
District Supervisor of the San Bernardino County Board
of Supervisors as a representative to the Joint Powers
Authority Board of Directors for the Consolidated Fire
Agencies of the East Valley; and, appoint as alternate
representative the Fifth District Supervisor of the San
Bernardino County Board of Supervisors.
BACKGROUND: This Joint Powers Authority (JPA) Agreement will
authorize the establishment of a cooperative agency for the
joint and mutual operation of a centralized fire
communications agency. The program will coordinate the use
of public radio channels and a centralized regional computer
aided communications system.
The JPA Agreement authorizes the creation of a Board of
Directors, having the authority to administer the
communications program. Provisions of the agreement require
the governing board of each agency, by resolution, to appoint
a member of its governing board, as its representative on the
Board of Directors. Additionally, a designated alternate
representative is to be appointed to serve in the absence of
the member.
Res . to: (Continued)
cc: Dan Schuler w/agree. (2) c/c Spec. Dists.Action of the Board of Supervisors
Cities of Colton, Lana Linda , AP: , ‘i4.t
x5,‘ !L 'mi il MO-943
111—;CF—lands & Rialto w/ '.1s4144rgliiM ) 19-376
T /o Spec. Dists. APPROVEDA tir
RD.4 -I PERVISO RS
Auditor wrarree.
C(/UNTY J3 " :DINO
Purchasing-Cont. Canpl c • -
Central Valley Fire P.D. •
e 5 ,-Aye Motion
Supervisor Riordan MOTION
..anT
• 4
Supervisor Hamrock
County Counsel-Krahelski
EARLENE SPR 15; Rie OF all ; q • ;
Risk Management °
SBC Consolidated Fire Agenc) BY
A \\‘
14-95o7-000 dm File w/agree. DATED: n '11 ( v00
Rev. 10/81 ITEM_73
Board of Supervisors
Joint Powers Authority Agreement
August 13, 1990
Page 2
All participating cities of the JPA have signed the Agreement.
REVIEW: This action had been reviewed by County Counsel (L.
Thomas Krahelski/Paul St. John) and coordinated with Risk
Management (Pamela Thompson) , the Second Supervisorial
District (Judith Gilbert) , Third Supervisorial District
(Supervisor Barbara Riordan) and the Fifth Supervisorial
District (Ray Cadena) .
a. That the Supervisor for the Third District of
2 the Board of Supervisors of the County of San Bernardino is hereby
3 appointed as the representative on the Board of Directors of
4 CONFIRE on behalf of both the San Bernardino County Consolidated
5 Fire Agency and the Central Valley Fire Protection District;
6
7 b. That the Supervisor for the Fifth District of
8 the Board of Supervisors of the County of San Bernardino is hereby
9 designated as the alternate on said Board of Directors in the
10 absence of the Supervisor for the Third District .
11
12 PASSED AND ADOPTED by the Board of Supervisors of San
13 Bernardino County, State of California, by the following vote:
14
15 AYES : Supervisors: Turoci, Milcels, Walker, Riordan, Hancock
16
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LIJ . 17 NOES : Supervisors: None
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6- 8 ;`' 18
z 19 ABSENT: Supervisors: None
61- '45
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21 STATE OF CALIFORNIA
22 ) ss.
23 COUNTY OF SAN BERNARDINO
24
25 I , EARLENE SPROAT, Clerk of the Board of Supervisors of
26 San Bernardino County, California , hereby certify the foregoing to
27 be a full , true and correct copy of the record of the action as
28 the same appears in bhe Official Minutes of said Board at its
29 meeting of August 13 , 1990 .
30
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31 EARLEN..g="tiATO ,
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1 RESOLUTION NO. 90- 376
1
3 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
4 COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF
5 THE SAN BERNARDINO COUNTY CONSOLIDATED FIRE
6 AGENCY AND THE CENTRAL VALLEY FIRE PROTECTION
DISTRICT, APPOINTING REPRESENTATIVES TO THE JOINT
POWERS AUTHORITY BOARD OF DIRECTORS FOR THE
8 CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY
9 On Monday, August 13 , 1990 , on motion of Supervisor
10 Hammock , duly seconded by Supervisor Turoci
" and carried, the following resolution is adopted.
12
13 SECTION 1. The Board of Supervisors of the County of San
14 Bernardino hereby finds and determines :
15
- 0 16
Dcr a . That this Board has approved, on behalf of the
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17
San Bernardino County Consolidated Fire Agency and the Central
18
cou Valley Fire Protection District, a Joint Powers Agreement for a
"•)(-) E ° 19
centralized communications system with the cities of Colton, Loma
z ,
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0SE Linda, Redlands and Rialto;
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22 b. That Section 1 of said Agreement establishes a
23 separate entity designated as the Consolidated Fire Agencies of
24 the East Valley ("CONFIRE" ) ;
25
26 c. That Section 12 of said Agreement requires that
27 the governing board of each member agency appoint primary and
28 alternate representatives to the Board of Directors of said
29 entity.
30
31 SECTION 2 . The Board of Supervisors of the County of San
32 Bernardino, acting in its capacity as the governing body of the
33 San Bernardino County Consolidated Fire Agency and the Central
34 Valley Fire Protection District, therefore, hereby resolves and
35 orders:
36
LTK:bb
R-SBFIREAG
8/7/90
, 4
\Oil District COUNTY SERVICE AREA 70 and CONTRACT NUMBER
CENTRAL VALLEY FIRE PROTECTION 90-
_ -
-17,-
"-%// ,N--'---- DISTRICT District Contract Representative
ait Renewable Ei Terminates
/1/410,N
/ 1 ‘ Dan Schuler phE., 823-2681 Date. May 21, 1991
CONTRACT TRANSMITTAL Budget Unit No. Sub Obiect No Fund No Job No. Amount of Contract
010 2189 717 Varies
Check One X Expenditure E-1 ;Revenue If contract has more than one payment or receipt,complete
the following
S 5 A a Number of payments: Varies
Or Federal
Employer ID# Estimated amount of each: $ Varies
Contractor: CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY
Contractor's Representative:
Address: Phone:
Nature of Contract: (Briefly describe the general terms of the contract)
This Joint Powers Authority agreement will authorize the establishment of
a cooperative agency for the joint and mutual operation of a centralized
fire communications agency. The program will coordinate the use of
public radio channels and a centralized regional computer aided communica-
tions system.
(Attach this transmittal to all contracts not prepared on the "Standard Contract"fofm.)
, •$ ' I
Approved as to leg,a1 form Reviewed a • •u•set expen•' ure
See Agreement
County CounselDirector, Spec'. • tricrs Depar merit
— --- .— — --
1 JOINT POWERS AGREEMENT
2 THIS AGREEMENT is entered into by and between the public
3 agencies signatory hereto, hereinafter called "public
4 agencies. "
5 WITNESSETH:
6 WHEREAS, the signatories herein have determined that
7 there is a need by public agencies within the East End cities
3 of San Bernardino County, California, to establish a regional
9 fire agency to best serve the needs of all the citizens of
10 said public agencies; and,
11 WHEREAS, said public agencies have heretofore determined
12 that the interests of the citizens of each of said public
13 agencies can best be served by the coordinated use of public
14 safety radio channels and centralized regional computer aided
15 communications system; and,
16 WHEREAS , said public agencies recognize the mutual
17 benefit of a centralized joint effort for the development,
18 implementation, and subsequent operation and maintenance of
19 such a centralized system; and,
20 WHEREAS, said public agencies desire to centralize and
21 provide safety communication operations; and,
22 WHEREAS, said public agencies have heretofore determined
23 that it is desirable and necessary to collectively direct the
24 management policies and operational practices of said regional
25 fire agency; and,
26 WHEREAS, the cost of developing, operating and
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1 maintaining said centralized systems is more cost effective
2 to such public agencies ; and,
3 WHEREAS, said public agencies operate a cooperative
4 program of fire protection and related functions that are
5 mutually agreed upon; and,
6 WHEREAS , Title 1 , Division 7 , Chapter 5 of the Government
7 Code of the State of California authorizes public agencies to
8 enter into an agreement for the joint exercise of any power
9 common to them; and,
10 WHEREAS, these public agencies possess the power to
11 consolidate public safety communications and operational
12 programs by the execution and implementation of this
13 Agreement.
14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
16 THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND
17 BETWEEN THE PARTIES HERETO AS FOLLOWS :
18 1. Agency Established. Pursuant to the joint powers
19 authorization of the California Government Code, the
20 undersigned do hereby federate together in a cooperative
21 agency for the joint and mutual operation of a centralized
22 public safety communication agency and a cooperative program
23 of fire protection and related functions, to be known as the
24 Consolidated Fire Agencies of the East Valley, hereinafter
25 designated as "CONFIRE, " which shall be a publici entity
26 separate from the parties to the Agreement.
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1 2 . By-Laws . The Agency shall be subject to, and shall
2 be governed by, those certain By-Laws, a copy of which is
3 attached hereto, marked Exhibit "A" and by this reference made
4 a part of this Agreement.
5 3 . Purpose. The purpose of this Agreement shall be as
6 set forth in Section 1, above, and Article I of the By-Laws.
7 The purpose shall be accomplished and carried out in the
8 manner set forth in the By-Laws.
9 4 . Administration. CONFIRE, as established by this
10 Agreement and as governed by its By-Laws, shall be the
11 "Agency" to administer this Agreement, pursuant to joint
12 powers provisions of the Government Code of California.
13 5 . Membership. Each public agency signatory to this
14 Agreement, and each additional public agency which may
15 hereafter sign the Agreement, is a member of the Agency and
16 is entitled to all the rights and privileges and subject to
17 the obligations of membership, as provided in the By-Laws.
18 6 . Withdrawal of Membership. This Agreement shall
19 remain in full force and effect as to all member agencies for
20 a minimum of two (2) years from and after the effective date
21 hereof. Thereafter, any party to this Agreement may cease to
22 be a party hereto and may withdraw from membership in the
23 Agency upon the adoption by its legislative body of a
24 resolution of intention to withdraw and the giving of written
25 notice thereof to the Chairman of the Board of Directors of
26 the Agency and to each of the other public agencies signatory
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1 to this Agreement at least one hundred eighty (180) days prior
2 to the end of the then current fiscal year.
3 7 . Powers and Debts of Authority. Agency shall have
4 the power in its own name, to make and enter into contracts,
5 to employ agents and employees, to acquire, hold and dispose
6 of property, real and personal , to sue and be sued in its own
7 name, and to incur debts, liabilities or obligations necessary
8 for the accomplishment of the purpose of this Agreement.
9 However, the debts, liabilities, and obligations of the Agency
10 shall not constitute any debt, liability or obligation to any
of the individual public agencies which are signatory to this
12 Agreement. The Agency shall not have the power of eminent
13 domain nor the power to levy taxes, and its power generally
14 shall be subject to the restrictions applicable to the Central
15 Valley Fire Protection District.
16 8. Amendment. This Agreement may not be amended,
17 except written agreement of all the parties, provided,
18 however, that the By-Laws may be amended from time to time by
19 the method and means provided therein.
20 9. Duration of A.reement. This Agreement shall
21 continue in effect until terminated by unanimous consent of
22 the parties or until dissolution of the Agency in the manner
23 provided in said By-Laws. Upon such termination, or
24 dissolution, the non-grant assets remaining, including any
25 surplus money, shall be disposed of in proportion to
26 contributions made. Grant funded assets shall be disposed of
97
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1 in accordance with Federal and State regulations and
2 instructions.
3 10. Enforcement. Agency is hereby given the power to
4 enforce this Agreement. If suit is necessary to enforce any
5 of the provisions hereof, including any provision of the By-
6 Laws, the defaulting member shall pay reasonable attorney fees
7 to the Agency as adjudicated and determined by the Court.
8 11. Authorization. Upon execution of this Agreement,
9 each member shall deliver to the Agency a certified copy of
10 a governing board action, resolution or minute order
11 authorizing and directing the execution of this Agreement.
12 12 . Board of Directors.
13 A. There is established a Board of Directors for the
14 Agency which shall consist of a representative of the
15 governing body of each member agency. The governing body of
16 each member agency shall designate in writing to CONFIRE, the
17 primary and alternate members to serve on the Board of
18 Directors. At its annual meeting, the Board of Directors shall
19 select one of its members to serve as Chairperson of the Board
20 until the next annual meeting. The Chairpersonship of the
21 Board of Directors shall rotate annually in a fixed sequence
22 among the members.
23 B. The Board of Directors shall have the responsibility
24 for the appointment of auditors, approval of new members, and
25, approval of the annual budget and assessment schedule of the
26 Agency, and the exercise of those powers granted to it by the
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1 By-Laws.
2 C. Each public agency which is a member of the Agency
3 shall be entitled to one (1) Director on the Board and shall
4 be entitled to one (1) vote thereon. Such one vote may be
5 cast only by the member agency' s designated primary or
6 alternate representative in attendance.
7 13 . Source of Funds. Any contributions of funds by
8 member agencies shall be apportioned based on the number of
9 fires in each agency' s jurisdiction over the immediate
10 preceding two year period.
11 14 . Accountability and Audits. The Agency shall be
12 strictly accountable for all funds and shall report all
13 receipts and disbursements, as required by Government Code
14 Section 6505 . The Treasurer of San Bernardino County shall
15 act as treasurer and depositary for the Agency pursuant to
16 Government Code Section 6505. 5, and shall handle and have
17 access to Agency property, under an official bond in an amount
18 fixed by the member agencies. The Agency shall contract for
19 a certified public accountant to perform an annual audit of
20 the accounts and records of the Agency, and a report thereof
21 - shall be filed as public record with each of the contracting
22 parties and with the Auditor of the County of San Bernardino
23 within 60 days subsequent to the end of the fiscal year under
24- examination.
25 15. Indemnification. Each party hereby agrees to
26 'defend, indemnify, and hold each other party, its elected
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1 officials, officers, agents, and employees free and harmless
2 from any and all liability or claims for personal injury,
3 death, and property damage which may arise from the
4 indemnifying party' s negligent acts or omissions under this
5 Agreement. None of the parties shall be held responsible or
6 liable to any other party for any loss, damage or delay caused
7 by accidents, strikes, lockouts, fire, flood, act of civil or
8 military authority or by insurrection or riot or by any other
9 cause which is beyond its control.
10 16. Effective Date of Agreement. This Agreement shall
11 become effective upon its execution by the Cities of Colton,
12 Loma Linda, Redlands, and Rialto, the Central Valley Fire
13 Protection District and the San Bernardino County Consolidated
14 Fire Agency. Within 30 days of said date, the Agency shall
15 cause notice of this Agreement to be filed with the Secretary
16 of State of California, pursuant to Government Code Section
17 6503 . 5.
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1 IN WITNESS WHEREOF, the undersigned public agencies have
2 set their signature on the respective dates set forth below.
3 This document may be signed in duplicate originals.
4
5 ATTEST: CITY OF REDLANDS
A Municipal Corporation
6 /-
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7
yaw t , .) ,--.r/iftzi 7L-1717-411,
8 ci-fy 5
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Mayor / 1,,
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9
10 ATTEST: CITY OF LOMA LINDA
A Municipal Corporation
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13 City Clerk
I
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is ATTEST: CITY OF CourGN
A Municipal Corporation
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18 City Clerk Mayo
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ATTEST: CITY OF RIALTO
21 A Municipal Corporation
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1
2 AT EST: SAN BERNARDINO COUNTY
CONSOLIDATED FIRE AGENCY
3
By• 7, ,,
5 Clerk o`: the Board of Chairman, Board of
Supervisors Supervisors of San
6 Bernardino County, as
Governing Body of San
7 Bernardino County
Consolidated Fire Agency
8
APPROVED AS TO FORM9
DATE
10 Man K. Merica. COUNTY COUNSEL CENTRAL VALLEY FIRE
SAN ARDI O (ALINCALIFORNIA PROTECTION DISTRICT
11 iy
.f .
12
13 . v
BY I/
14 SIGNED AND CERTIFIED THAT A COPY CF THIS Chairman, Board of
DOCUMEN d"HAS BEEN DELIVERED TO THE - Supervisors of San
15 mu OF THE 'A :O Bernardino County, as
EAS O Governing Body of
16 D000loi S.Lpt-hootoCentral Valley Fire
tbftgeroy .0,UL fernodLLA Protection District
17 y �
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EXHIBIT A
BY-LAWS
CONFIRE
ARTICLE I
PURPOSE
The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a
co-operative association voluntarily established by its members
pursuant to the Joint Exercise of Powers Act of the Government Code
of the State of California for the purpose of providing hardware,
software, services, and other items necessary and appropriate for
the establishment, operation, and maintenance of a joint
centralized public safety communications system and a cooperative
program of fire related functions for the mutual benefit of the
members of the Agency, to provide such services on a contract basis
to other governmental units, and to provide a forum for discussion,
study, development and implementation of recommendations of mutual
interest regarding public safety communications and related matters
within member agencies. CONFIRE is sometimes hereinafter referred
to as the "Agency. "
ARTICLE II
POWERS
The powers of the Agency include, but are not limited to the
following:
a) to enter into contracts, including the performance of services
for other governmental units ;
b) to employ agents and employees;
c) to acquire, lease, hold, and dispose of property, real and
personal ;
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and machinery
necessary;
f) the employment of the necessary personnel and the operation
and maintenance of a communications system;
g) all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By-Laws; and
h) the power to sue and be sued in its own name.
1
ARTICLE III
PARTICIPATION
A. All governmental agencies which provide public safety services
are eligible for membership of this Agency, provided the parties
to the existing Agency agree and all parties sign an amended Joint
Exercise of Powers Agreement.
B. Membership shall be contingent upon the execution of the Joint
Powers Agreement creating and establishing this Agency and the
payment by each such governmental agency of a fee to be determined
and agreed upon by the majority vote of Board of Directors. The
Board of Directors may, by a similar vote, impose to the terms,
costs, and assessment charges as specified in the Agreement or By-
Laws . All fees, costs, and assessment charges shall become the
revenue of the Agency.
C. Upon becoming a member, all new members shall become subject
to the same financial obligations of CONFIRE as all other members,
unless otherwise specifically agreed to in the amended Joint
Exercise of Powers Agreement.
ARTICLE IV
BOARD OF DIRECTORS
A. The Board of Directors shall function as set forth in Section
12 of the Joint Powers Agreement and as further set forth herein.
B. The member agency ' s principal or alternative representative
shall serve until a successor is appointed by the appointing
powers . A vacancy shall immediately occur in the office of any
officer upon the resignation or death of such person holding such
office, or upon his ceasing to be an officer or employee of any
member government. Upon a vacancy occurring in any office, the
Board of Directors may appoint a successor to fill the vacancy
until the member agency represented by the officer assigns a new
member to represent the governmental agency. The rotation of
officers may be advanced one year before the vacancy has been
filled if the Board of Directors finds this advisable.
C. The Board of Directors may establish rules governing its own
conduct and procedure and have such express or implied powers which
are not inconsistent with or contrary to the laws of the State of
California, these By-Laws, or Agreement.
D. A quorum for the transaction of all business by such Board of
Directors shall consist of a majority of the representative
membership.
E . No one serving on the Board of Directors shall receive any
salary or compensation from the Agency.
2
F. The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loans of money or
other property from the state, or any other governmental units, or
individuals, foundations or organizations and may enter into
agreements required in connection therewith and may hold, use and
dispose of such monies or property in accordance with the terms of
the grant, donation, loan or agreement relating thereto. However,
nothing in this section should be construed to require the
participation or financial obligation of any member agency without
the express written authorization in the form of a resolution by
its legislative body and only to the extent so authorized.
ARTICLE V
BOARD OF DIRECTOR'S MEETINGS
A. Regular public meetings, also termed General Meetings, of the
Board of Directors shall be held at least twice a year at a regular
date, time and place established by resolution of the Board
pursuant to the provisions of Section 54954 of the Government Code.
A regular meeting of the Board shall be held in the month of
February at which time the Board shall consider and adopt the
annual budget for the Agency for the following fiscal year. The
annual meeting shall be held in September at which meeting the
Board shall elect officers.
B. Special meetings of the Board of Directors may be called by
its Chairperson or by the Administrative Committee by its own
motion, or shall be called by the Administrative Committee upon
written request by any one (1) of its members. Ten (10) days
written notice of special meetings shall be given to the official
representatives of each member Agency and an agenda specifying the
subject of such special meeting shall accompany such notice.
Business conducted at said meetings shall be limited to those items
specified in the agenda. However, if deemed necessary, due to the
urgent nature of the issue, the Chairperson or the administrative
Committee, by its own motion, may call for an emergency meeting on
a twenty-four (24) hour notice for the purpose of discussing a
specific issue.
c . The date, time and location of special , and emergency,
meetings of the Board of Directors shall be determined by the
Chairperson of the Board of Directors. Regular, special and
emergency meetings shall be held within the County of San
Bernardino.
D. Notice of the regular meeting of the Board of Directors shall
be given to the respective Board Member, Supervisor, Mayor, and
Manager of each member Agency at least thirty (30) days prior to
such meeting and an agenda for such meeting shall accompany the
notice.
3
E. To the extent not contrary to these By-Laws, Robert's Rules
of Order shall govern all meetings of the Board of Directors.
ARTICLE VI
DUTIES OF AGENCY OFFICERS
A. The officers of CONFIRE shall consist of a Chairperson, a
Vice-Chairperson, a Secretary and a Treasurer. The Chairperson
shall be a member of the Board of Directors.
B. In the absence of a Chairperson, or in the event of his
inability or refusal to act, the Vice-Chairperson shall perform
the duties of the Chairperson, and when so acting, shall have all
the powers of and be subject to all the restrictions upon the
Chairperson.
C. The Coordinator of Communications shall be the Secretary to
the Board of Directors, but shall be a non-voting member.
D. The Treasurer shall be the Financial Officer from the
Consolidated Fire Agency. He shall be a non-voting member.
E. The Treasurer shall have the powers and duties as set forth
in Section 6505 and 6505 . 5 of the Government Code, any other
applicable provisions of State law, the Agreement, these By-Laws,
or as may be established by the Board of Directors. The Treasurer
shall serve the Agency without charge to the Agency, except for the
administrative services charges to the Consolidated Fire Agency.
There shall be strict accountability of all funds of the
Agency and a report of all receipts and disbursements as required
by Section 6505 of the Government Code.
F. The Treasurer shall give a bond in the amount of $25, 000 for
the faithful discharge of his duties, with such surety or sureties
as the Board of Directors shall determine. The Treasurer shall :
(a) Have charge and custody of and be responsible for all funds,
securities and assets of the Agency; receive and give receipts for
monies due and payable to the Agency from any source whatsoever,
and deposit all such monies in a separate fund in the name of the
Agency with the County Auditor/Controller; (b) in general, perform
all the duties incident to the office of Treasurer and such other
duties as from time to time may be assigned to him by the Board of
Directors.
G . The Secretary shall ; (a) keep the minutes of the Agency
meetings in one or more books provided for that purpose; (b) see
that all notices are duly given in accordance with provisions of
these By-Laws or as required by law; (c) be custodian of the
records of the Agency; (d) in general , perform all duties as, from
time to time, may be assigned to him/her by the Board of Directors.
4
ARTICLE VII
ADMINISTRATIVE COMMITTEE
A. There is hereby established an Administrative Committee of
the Agency, which shall be organized and be responsible for
functions hereinafter set forth.
B. Each public agency that is a signatory member to the Joint
Powers Agreement, or an amended Joint Powers Agreement, shall be
entitled to one (1) seat on the Administrative Committee for each
Chief Officer or Executive of the public agency's departments which
share in the CONFIRE System, and shall be entitled to one (1) vote
per Chief Officer or executive thereon. Such vote may be cast only
by the official representative to the Committee in physical
attendance, or by the designated alternate, if such official
representative is absent. No proxy votes or absentee voting will
be permitted.
C. Only the Chief Officer or Executive or designated alternate
may represent a participating agency on the Administrative
Committee. The Chief Officer or Executive of each member
government agency will designate, in writing, to CONFIRE an
alternate who may serve on the Administrative Committee in the
absence of such Chief Officer or Executive.
D. The Coordinator of Communications shall be the Secretary to
the Administrative Committee, as a non-voting member.
E. The operations of the Agency shall be conducted under the
direction and supervision of the Administrative Committee. Except
as specifically excepted herein, no contract or other obligation
of this Agency shall be binding unless approved or ratified by the
Administrative Committee.
F. The Committee may establish rules for its own procedures and
have such express or implied authority as is not inconsistent with
or contrary to the laws of California, these By-Laws, or the Joint
Exercise of Powers Act of the Government Code of the State of
California. A quorum for the transaction of all business by the
Administrative Committee shall consist of a majority of the
official representatives or designated alternates of the member
governmental agencies.
G. Regular meetings of the Administrative Committee shall be held
as required but not less than quarterly each year. Special
meetings of the Administrative Committee may be called by its
Chairperson, or by a member of the Administrative Committee. The
time, date and location of regular meetings of the Administrative
Committee shall be determined by the Administrative Committee.
The Secretary shall cause to be delivered to each member agency at
lease five (5) calendar days prior to the meeting, an agenda and
written notice calling a meeting of the Administrative Committee.
5
Meetings of the Administrative Committee must comply with the Brown
Act.
H. The Administrative Committee Chairperson shall be the
principal executive officer of the Agency and shall be authorized
to execute documents and instruments on behalf of the Agency and
in general shall perform all duties incident to the office of
Chairperson and such other duties as may be prescribed by the Board
of Directors. He/she shall serve a one (1) year term as
Chairperson and shall be elected to that position annually by the
members of the Administrative Committee.
I . The Administrative Committee shall have the authority to
contract with other governmental bodies for use of CONFIRE
facilities, equipment, and programs and to establish appropriate
charges therefore.
J. The Administrative Committee shall have the following duties:
1) Within the limits fixed by an approved budget, the
Administrative Committee shall conduct the operation of
the Agency.
2) Direct the preparation of the proposed annual budget.
Following approval thereof by the Administrative
Committee, the proposed budget shall be submitted to the
Board of Directors. After adoption of the annual budget
by, the Board of Directors, the Administrative Committee
shall control all expenditures in accordance with such
budget.
3) The Administrative Committee shall have the power to
expend funds in accordance with the adopted budget.
4 ) At each regular meeting of the Board of Directors, the
Administrative Committee shall report budget and
financial transactions since the previous regular
meeting.
K. The Administrative Committee shall present a full report of
its activities at each regular meeting of the Board of Directors.
L. The Administrative Committee shall , as provided by the
approved budget, have the authority to hire, fix the salary of,
and remove the Coordinator of Communications.
ARTICLE VIII
TECHNICAL COMMITTEE
A. There is hereby established a Technical Committee which shall
be organized and be responsible for functions as hereinafter set
forth.
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B. Each public agency that is a member of this Agency shall be
entitled to one ( 1) seat on the Technical Committee for each
public-safety department which shares in the use of the CONFIRE
System, and shall be entitled to one (1) vote per member thereon.
Such vote may be cast only by the official representative to the
Technical Committee in physical attendance, or by the designated
alternate if such official representative is absent.
C. The Chief Officer or Executive of each member agency shall
appoint a representative and alternate representative to the
Technical Committee.
D. The Coordinator of Communications shall chair the Technical
Committee and report all significant decisions to the
Administrative Committee for concurrence.
E. The Technical Committee may establish rules for its own
procedures. There shall be regularly scheduled meetings held to
consider all matters dealing with liaison between the Agency and
department personnel, operation of the Agency, and future planning.
F. The daily operation of the Agency shall be conducted under
the direction and supervision of the Coordinator of Communications;
however, he/she may call emergency meetings of the Technical
Committee should the need arise to meet operational requirements.
G. The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
H. Members of the Technical Committee, except for the Coordinator
of Communications, shall serve without compensation for their
services to the Agency.
ARTICLE IX
COORDINATOR OF COMMUNICATIONS
A. The Coordinator of Communications shall perform such duties
as shall be delegated by the Administrative Committee.
B. The Coordinator of Communications shall attend all
Administrative Committee meetings and give advice on technical
matters .
C. The Coordinator of Communications shall be the Chairperson of
the Technical Committee. He shall provide to the Administrative
Committee recommendations from the Technical Committee on
operations and problems associated with the daily operation and
maintenance of the Agency.
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D. The Coordinator of Communications shall review jointly with
the Administrative Committee all bid specifications for the
purchase of all communications equipment prior to issuance and
equipment modifications by member agencies.
ARTICLE X
FINANCES
A. The fiscal year of the Agency shall end on June 30.
B. The Agency budget for the following fiscal year shall be
submitted by the Coordinator of Communications to the
Administrative Committee on or before January 15 of each year.
The Administrative Committee shall adopt a tentative budget on or
before February 1 of each year and forward the same to the Board
of Directors for review. The Board of Directors shall adopt the
annual budget for the Agency not later than March 1 of each year;
copies shall be mailed immediately to the Chief Administrative
Officer of each participating governmental agency.
C. The annual budget shall include the necessary funds with which
the Agency shall obtain and maintain worker' s compensation and
liability insurance to fully protect the Agency and each of the
member agencies. Said insurance shall be obtained and maintained
in force at all times during the effective term of this Agreement.
D. The Consolidated Fire Agency shall provide administrative and
support services functions to the Agency consisting of personnel
administration, facility site usage, purchasing, payroll and
related functions.
E . Reimbursement to the Consolidated Fire Agency for services in
Paragraph D of this Article shall be based upon a cost percentage
rate to be determined for the following fiscal year budget. The
cost percentage rate shall be given to the Coordinator of
Communications in writing from the Consolidated Fire Agency no
later than the first day of December preceding the forthcoming
fiscal year budget. It is stipulated that the percentage rate
charged by the Consolidated Fire Agency shall not be applied to the
following expense items of any approved fiscal year budget
appropriation:
1) The expense of the applied percentage rate.
2) Capital Outlay or improvement items.
3) Contract Maintenance items to include telephone expense
items.
F. The Administrative Committee shall recommend to the Board of
Directors cost-sharing charges for all participants in the Agency
in an amount sufficient to provide the funds required by the
budgets. The Board of Directors shall fix membership assessments
and shall advise the Chief Administrative Officer of each
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participating agency thereof on or before April 1 of each year.
Any participating agency whose charges have not been paid within
sixty (60) days after billing shall pay interest on unpaid balance,
not to exceed one percent (1%) per month. The Agency shall have
the power to commence an action in its own name against any member
agency in default to recover the amount of the obligation due to
the Agency hereunder.
G . The amount of each participant' s charges shall be determined
in accordance with Paragraph H below.
H . The activities of the Agency shall be financed by a cost-
sharing formula which shall require a proration among the
participating agencies based on the demand percentage on the system
by the agencies to be determined by the Administrative Committee
and approved by the Board of Directors. Expenditures made and
indebtedness incurred by the Agency relating to special equipment
and services shall be paid entirely by the member agency involved.
Facility and rental and/or space utilization shall be a separate
item approved in the Agency' s annual budget.
I . The CONFIRE System, as a computer-aided system, encompasses
the computer-aided dispatch system (CAD) , management information
system (MIS) , and the records management system (RMS) . The RMS of
the CONFIRE System will be located at the County Office of
Management Services. RMS functional management shall be under the
Coordinator of Communications, or his designated representative.
The overall administration of the RMS shall be under the
Coordinator of Communications ' duties consistent with these By-
Laws . Reimbursable costs to the Consolidated Fire Agency shall be
determined by the Board of Directors in accordance with the Joint
Powers Agreement and By-Laws.
ARTICLE XI
AGENCY EMPLOYEES
A. Agency employees are under the authority of the Agency. As
such the Agency retains the authority to approve all benefits and
privileges that may accrue to Agency employees. However, Agency
employees shall be entitled to all benefits and privileges secured
by Special Districts employees as provided by the Personnel Rules
and Regulations of the Office of Special Districts, but subject to
the approval of, and the organizational lines of authority
contained within the Agency as structured by the Joint Powers
Agreement and By-Laws.
B. The duties of, and the organizational authority over the
Coordinator of Communications are stipulated in previous articles
within these By-Laws . The Coordinator of Communications is also
authorized to establish a non-management line of supervision to
assist him in the day-to-day communications center operations which
include delegation of certain personnel management procedures and
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supervision. Therefore, non-management personnel shall follow the
organizational lines of authority as defined by the Coordinator of
Communications and set forth within these By-Laws.
C. Benefits and privileges of Agency employees shall be
associated with the following representation units for the
employees of the Office of Special Districts:
1) Coordinator of Communications. A Consolidated Fire
Agency recognized Management employee. No
representation.
2) Administrative Technician and all Communications
employees. The same as the Special Districts recognized
non-safety group.
D. Paragraph C above does not obligate the agency to recognize
the representation units associated with the Office of Special
Districts for any separate meet and confer matters. However,
should employees exercise their rights to secure separate
representation units under Employer/Employee Organizations
guidelines as set forth in the Government Code of the State of
California, Section 3500 et seq, and such representation units are
officially recognized by the Agency, then Paragraph C et al . , of
this Article shall defer to that agreement between the employees
and the Agency.
E. The Office of Special Districts Personnel Office shall
immediately provide the Coordinator of Communications with all
ratified Memoranda of Understanding (MOU) that affects employees '
benefits and privileges. Upon receipt of such MOU(s) the
Coordinator of Communications will request a special joint meeting
of the Administrative Committee and Board of Directors for
determination.
ARTICLE XII
AUDIT
The Board of Directors shall request that the Treasurer
initiate an annual audit of the financial affairs of the Agency,
to be made by an independent certified public accountant at the
end of each fiscal year in accordance with generally accepted
auditing principles and as provided in the Agreement. The annual
report shall be delivered to each member agency not later than 60
days subsequent to the end of each fiscal year.
ARTICLE XIII
LIABILITY AND PROPERTY
A. Except as otherwise provided by individual contracts, the
debts, liabilities, and obligations of the Agency shall not be the
debts, liabilities, and obligations of the parties to the
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Agreement.
B. All property, with the exception of assets funded by grant
funds, acquired by the Agency shall be owned in common by the
parties to the Joint Powers Agreement, in equal shares, unless
otherwise determined in writing by all of the parties hereto. The
Treasurer shall cause an inventory and asset account to be kept
current at all times, showing the assets of the Agency. Grant
funded equipment or services shall remain the property of the
Grantee applicant.
C. Any contributions of equipment by any of the member
governmental agencies will be assigned a value by the
Administrative Committee and such value will be credited to the
account of that member and be a part of and included within any
distribution formula in the event of withdrawal , termination or
dissolution as provided herein.
D. Each member shall have a vested interest in all capital
acquisitions by the Agency in the same ratio as they are obligated
to share in the cost-sharing proration. Capital acquisitions from
grant funds are excluded.
ARTICLE XIV
WITHDRAWAL, TERMINATION AND DISSOLUTION
A. A member may withdraw from this Agency in the manner
prescribed by the Agreement; provided, however, that Agency assets
directly attributable to the accumulated capital contribution of
the withdrawing party shall remain with the system for use by
CONFIRE without compensation to the withdrawing party, until the
termination of this Agreement and the distribution of assets to all
parties in winding up.
B. If this Agreement is terminated, assigned or transferred in
whole or in part, all property and equipment owned by CONFIRE shall
be distributed to the parties; distribution to each party shall be
made in the same proportion as that reflected in the members '
accumulated capital contribution account as shown in the
Treasurer' s books of account. Cash may be accepted in lieu of
property or equipment. Grant assets remain the property of the
Grantee.
C. If the parties to the Agreement herein cannot agree as to the
valuation and distribution of the property, the valuation and
distribution shall be determined by a panel of arbitrators, one
being appointed by each agency and one additional arbitrator shall
be appointed by a majority of the agencies. All matters relating
to valuation and distribution of assets as determined by this panel
of arbitrators shall be final and conclusive as to this Agency.
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D. This Agreement shall not terminate until all property has been
distributed in accordance with these provisions; and the winding
up and property distribution hereunder shall be effected in the
manner calculated to cause the least disruption of existing public
safety communications systems.
E. On withdrawal of members so as to reduce the number of
continuing participants to less than the original number of
participating numbers, or upon the action of a majority of
participating members to dissolve, then this Agreement and such
Agency shall be terminated and dissolved. Upon such termination
and dissolution (and after payment of all debts) , all individual
files and documents and documentation shall be distributed to their
owners without charge or offset. The remaining assets or
liabilities, excluding grant funded assets, of the Agency shall be
distributed among the members who had participated in this Agency
as set forth above.
F. If the withdrawal of a member causes the remaining members to
terminate the Joint Powers Agreement, then the withdrawing member
shall participate in the termination of this Agreement as set forth
above.
ARTICLE XV
CONTRACTS , LOANS , CHECKS AND DEPOSITS
A. The Board of Directors may authorize any officer or officers,
agency or agents, to enter into any contract or to execute and
deliver any instrument in the name of and on behalf of the Agency,
and such authority may be general or confined to specific
instances.
B. No loans shall be contracted on behalf of the Agency and no
evidences of indebtedness shall be issued in its name unless
authorized by a resolution of the Board of Directors. Such
authority may be general or confined to specific instances.
C. All checks, drafts or other orders for the payment of monies,
notes or other evidences of indebtedness issued in the name of the
Agency shall be signed by such officer or officers, agent or
agents, of the Agency and in such manner as shall from time to time
be determined by the Board of Directors.
D. All funds of the Agency not otherwise encumbered shall be
deposited from time to time to the credit of the Agency in such
banks, trust companies or other depositories by the Treasurer with
the consent of the Board of Directors.
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ARTICLE XVI
AMENDMENT
A. Amendment to these By-Laws may be proposed by any member of
the Board of Directors or by the Administrative Committee. The
amendment shall be submitted to the Board of Directors.
B. Unanimous approval by the Board of Directors shall be required
to adopt any amendment to these By-Laws.
ARTICLE XVII
EFFECTIVE DATE
These By-Laws shall go into effect immediately upon the
execution of the Agreement by all of the original participants in
the Agency.
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