HomeMy WebLinkAbout8000RESOLUTION NO 8000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING A SECOND AMENDMENT TO THE JOINT POWERS
AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES ("CONFIRE")
TO ADMIT THE CHINO VALLEY INDEPEUNDENT FIRE DISTRICT AS A
PARTY AND THE APPLE VALLEY FIRE PROTECTION DISTRICT AS A
PARTY
WHEREAS, the Chino Valley Independent Fire District ("Chino Valley") is a California
fire protection district duly organized and existing under Section 13800 et seq of the Health &
Safety Code; and
WHEREAS, the Apple Valley Fire Protection District ("Apple Valley") is a California
fire protection district duly organized and existing under Section 13800 et seq of the Health &
Safety Code, and
WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq of the Government Code, with its Joint Powers
Agreement effective August 13, 1990, and amended September 17, 2013 (collectively, the
"JPA"), which is set forth in Appendix 1 ("Original Agreement") and Appendix 2 ("First
Amendment") to Exhibit "A," and
WHEREAS, as set forth in Exhibit "B" attached hereto ("Board of Directors Chino
Valley Resolution") and Exhibit "C" hereto ("Board of Directors Apple Valley Resolution"), the
Board of Directors of CONFIRE has recommended that each current party to the JPA agree to
amend the JPA to
A. Admit Chino Valley as a party and a member of CONFIRE on the condition that
Chino Valley pay the Required -Buy -In in the amount of Four Hundred Twelve Thousand Four
Hundred Twenty Three Dollars ($412,423 00), on or before December 31, 2019, and
B Admit Apple Valley as a party and a member of CONFIRE on the condition that
Apple Valley pay an initial installment of a Required Buy -In to CONFIRE in the amount of
Eighty One Thousand Two Hundred Sixty Seven Dollars ($81,267 00), on or before December
31, 2019, and agrees to pay four (4) equal subsequent annual installments of a Required Buy -In
to CONFIRE concluding on or before December 31, 2024 of Eighty One Thousand Two
Hundred Sixty Seven Dollars ($81,267 00), for a total Required Buy -In of Four Hundred Six
Thousand Three Hundred Thirty -Six Dollars ($406,336 00),
follows
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
Section 1 The foregomg Recitals are true and correct.
Section2. The City Council of the City of Redlands hereby directs Paul W Foster,
Mayor, or any City Council member of the City of Redlands, to execute the Second Amendment
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to Joint Powers Agreement of the Consolidated Fire Agencies attached hereto as "Exhibit A,"
and consents to amend the JPA to admit Chino Valley as a party and a member of CONFIRE,
and Apple Valley as a party and a member of CONFIRE, on the following conditions
A The current parties to the JPA unanimously consent to amend the JPA, and
B Chino Valley pay the Required -Buy -In m the amount of Four Hundred Twelve
Thousand Four Hundred Twenty -Three Dollars ($412,423 00) on or before December 31, 2019,
and
C Apple Valley pay an initial instalhnent of a Required Buy -In to CONFIRE in the
amount of Eighty One Thousand Two Hundred Sixty Seven Dollars ($81,267 00) on or before
December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a
Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Eighty One
Thousand Two Hundred Sixty Seven Dollars ($81,267 00), for a total Required Buy -In of Four
Hundred Six Thousand Three Hundred Thirty Six Dollars ($406,336 00)
Section 3 This Resolution shall take effect immediately upon its adoption
ADOPTED, SIGNED AND APPROVED this 16th day of July, 2019
Paul W Foster, Mayor
Attest
e Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 16th
day of July, 2019, by the following vote
AYES Councilmembers Barich, Tejeda, Momberger, Davis, Mayor Foster
NOES None
ABSTAIN None
ABSENT None
e Donaldson, City Clerk
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EXHIBIT "A"
TO RESOLUTION
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
This Second Amendment ("Amendment") to the Joint Powers Agreement of the Consolidated
Fire Agencies, a joint powers authority of the State of California ("CONFIRE"), dated this
day of, _ 2019, is made by and between City of Redlands, City of Loma Linda, City of Colton,
City of Rialto, Rancho Cucamonga Fire Protection District, San Bernardino County Fire Protection
District (collectively, the "Existing Member Agencies"), the Chino Valley Independent Fire
District, a fire protection district duly authorized and existing under Health & Safety Code § 13800
et seq ("Chino Valley") and Apple Valley Fire Protection District, a fire protection district duly
authorized and existing under Health & Safety Code § 13800 et seq ("Apple Valley") (the
Existing Member Agencies, Chino Valley, and Apple Valley may be collectively referred to herein
as the "Parties")
WHEREAS, the Existing Member Agencies are parties to a joint powers agreement establishing
CONFIRE pursuant to Section 6500 et seq of the Government Code, as set forth in Appendix 1
("Original JPA") and Appendix 2 ("First Amendment to JPA") (collectively, the "Existing JPA")
WHEREAS, the Existing Member Agencies, Chino Valley, and Apple Valley desire to amend the
Existing JPA to
(1) admit Chino Valley as a party to and a member of CONFIRE on the condition that Chino
Valley pay the Required Buy -In in the amount of Four Hundred Twelve Thousand Four
Hundred Twenty -Three Dollars ($412,423 00) to CONFIRE on or before December 31,
2019, and
(2) admit Apple Valley as a party and a member of CONFIRE on the condition that Apple
Valley pay an initial installment of a Required Buy -In to CONFIRE in the amount of
Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267 00) on or before
December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a
Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Eighty -One
Thousand Two Hundred Sixty -Seven Dollars ($81,267 00), for a total Required Buy -In of
Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336 00)
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
the parties hereto agree as follows
1 The Parties hereby amend the Existing JPA to add Chino Valley as a Party and Apple
Valley as a Party
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2. This Amendment is effective upon
a. full execution by the Parties,
b Chino Valley's payment of the Required Buy -In in the amount of Four Hundred
Twelve Thousand Four Hundred Twenty -Three Dollars ($412,423 00) to
CONFIRE on or before December 31, 2019, and
c Apple Valley's payment of an initial installment of a Required Buy -In to CONFIRE
in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars
($81,267 00) on or before December 31, 2019, and agreement to pay four (4) equal
subsequent annual installments of a Required Buy -In to CONFIRE concluding on
or before December 31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven
Dollars ($81,267 00), for a total Required Buy -In of Four Hundred Six Thousand
Three Hundred Thirty -Six Dollars ($406,336 00)
3 This Amendment may be executed in counterparts.
4 All other provisions of the Existing JPA are to remain unchanged.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed and attested
by their duly authorized officers as of the date written above
[SIGNATURES ON PAGES 5 AND 6]
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ATTEST
By
a e:
Title
Dated.
ATTEST
By.
Dated.
Name.
rifle
SIGNATURES TO
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
CITY OF REDLANDS
By
Vame: Paul Foster
Title: Mayor
CITY OF LOMA LINDA
By ,tca
Nanae: Dr Rhodes Rigs
Title: Mayor
ATTEST CITY OF COLTON
By \, ,
Name: k x A
Title:
Dated. 1/4 1
ATTEST
By.
Dated.
Name:
Title
ATTEST
By
N .
Title
Dated.
(10126534.1
By.
Name: Bill Stnith
Title: City Manager
CITY OF RIALTO
y
By
Natile. Brian Park
Title' Interim Fire Chief
RANCHO CUC ONGA FIRE
PROTECTION DISTRICT
7 4
By.
Name: L. Dennis Michael
Title: President
SIGNATURES TO
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
(continued)
ATTEST SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
BY LLik&„
Name: nA...
Title: e4ssiscrk
Dated
ATTEST
By
Name.
Title:
Dated.
ATTEST
By
- I
Name: „CAI t
Title: iv
Dated. \ 1
00126534.1
4
Bv
‘6.2ne: DOH' Trapp
Title Interim Fire Chief
APPLE VALLEY FIRE PROTECTION
DISTRICT
By
..o Gigliotti
Title- -ire Chief
CHINO VALLEY INDEPENDENT FIRE
DISTRICT
By' )
Name. Tinaliackelford
Title- Fi;t Chief
SECOND AMENDMENT TO
THE JOINT POWERS AGREEMENT
OF THE
CONSOLIDATED FIRE AGENCIES
This Second Amendment ("Amendment") to the Joint Powers Agreement of the Consolidated
Fire Agencies, a joint powers authority of the State of California ("CONFIRE"), dated this 10th
day of September, 2019, is made by and between City of Redlands, City of Loma Linda, City of
Colton, City of Rialto, Rancho Cucamonga Fire Protection District, San Bernardino County Fire
Protection District (collectively, the "Existing Member Agencies"), the Chino Valley Independent
Fire District, a fire protection district duly authorized and existing under Health & Safety Code §
13800 et seq. ("Chino Valley") and Apple Valley Fire Protection District, a fire protection district
duly authorized and existing under Health & Safety Code § 13800 et seq ("Apple Valley") (the
Existing Member Agencies, Chino Valley, and Apple Valley may be collectively referred to herein
as the "Parties").
WHEREAS, the Existing Member Agencies are parties to a joint powers agreement establishing
CONFIRE pursuant to Section 6500 et seq. of the Government Code, as set forth in Appendix 1
("Original JPA") and Appendix 2 ("First Amendment to JPA") (collectively, the "Existing IPA").
WHEREAS, the Existing Member Ageneies, Chino Valley, and Apple Valley desire to amend the
Existing WA to
1 admit Chino Valley as a party to and a member of CONFIRE on the condition that Chino
Valley pay the Required Buy -In in the amount of Four Hundred Twelve Thousand Four
Hundred Twenty -Three Dollars ($412,423 00) to CONFIRE on or before December 31,
2019; and
2. it Apple Valley as a party and a member of CONFIRE on the condition that Apple
Valley pay an initial installment of a Required Buy -In to CONFIRE in the amount of
Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267 00) on or before
December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of a
Required Buy -Into CONFIRE concluding on or before December 31, 2024 of Eighty -One
Thousand Two Hundred Sixty -Seven Dollars (S81,267 00), for a total Required Buy -In of
Four Hundred Six Thousand Three Hundred Thirty -Six Dollars ($406,336.00)
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,
the parties hereto agree as follows.
1 The Parties hereby amend the Existing IPA to add Chino Valley as a Party and Apple
Valley as a Party
2. This Amendment is effective upon
a. full execution by the Parties;
b. Chino Valley's payment of the Required Buy-1n in the amount of Four Hundred
Twelve Thousand Four Hundred Twenty -Three Dollars ($412,423 00) to
CONF on or before December 31, 2019; and
c. Apple Valley's payment of an initial installment of a Required Buy -In to CONFIRE
in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars
($81,267 00) on or before December 31, 2019, and agreement to pay four (4) equal
subsequent annual installments of a Required Buy -In to CONFIRE concluding on
or before December 31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven
Dollars (1;81,267 00), for a total Required Buy. In of Four Hundred Six Thousand
Three Hundred Thirty -Six Dollars ($406,336 00),
This Amendment may be executed in counterparts.
4 All other provisions of the Existing JPA are to remain unchanged.
IN WITNESS EREOF, the Parties have caused this Amendment to be executed and attested
by their duly authorized officers as of the date written above
[SIGNA'
S ON PAGES 3
Appendix 1
to Second Amendment to Joint Powers Agreement
[Original Joint Powers Agreement]
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3 agencies signatory hereto, hereinafter
4 agencies "
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12 that the interests of the citizens of each. of said public
13 agencies can best be served by the coordinated use of public
safety radio channels and centralized regional computer aided
communications system; and,
JOINT PQM5.,1•JIGIN2=
THIS AGREEMENT is entered into by and between the public
"public
called
WXTNESSETH
WHEREAS, the signatories herein have determined
the East End cities
to establish a regional
of all the citizens of
that
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7 there is a need by public agencies within
8 0 San Bernardino County, California,
ire agency to best serve the needs
said public agencies; and,
WHEREAS, said public agencies have heretofore determined
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WHEREAS, said public
benefit of
agencies
Implementation, and subsequent operation
such a centralized system; and,
WHEREAS, said public agencies desire
provide safety communication operations; and,
WHEREAS, said public agencies have heretofore determined
that it is desirable and necessary to collectively direct the
management policies and operational practices of said regional
fire agency; and,
WHEREAS, the cost of developing, eperating and
mutual
recognize the
a centralized joint effort for the development,
of
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and maintenance
to centralize and
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maintaining said centralized systems is more cost effective
to such public agencies; and,
WHEREAS, said public agencies operate a cooperative
program of fire protection and related functions that are
mutually agreed upon; and,
WHEREAS, Title 1, Division 7, Chapter 5 of the Government
code of the State of California authorizes public agencies to
enter into 4n agreement for the joint exercise of any power
common to them; and,
WHEREAS, these public agencies possess the power to
consolidate public safety communications and operational
programs by the
Agreement
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND
BETWEEN THE PART/ES HERETO AS FOLLOWS
1 Agency' Established Pursuant to the joint powers
authorization of the California Government Cade, the
undersigned do hereby federate together in a cooperative
agency for the joint and mutual operation of a centralized
public safety communication agency and a cooperative program
of fire protection and related functions, to be known as the
Consolidated Fire Agencies of the East Valley, hereinafter
designated as "CONFZRE," which shall be a public entity
separate. from the parties to the Agreement
execution and implementation of this
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v•
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
3, Purpose The purpose of this Agreement shall be as
G 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 CoNFIRB, 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 jembershth 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
10 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 fu111 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 Debtp_olcet Agency shall have
4 the power in its own name, to make and enter into contracts,
to employ agents and employees, to acquire, hold and dispose
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
11 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 01411 be subject to the restrictions applicable to the central
15 Valley Fire Protection District
16 8 Amendment This Agreement may npt be amended,
17 except written agreement of all the parties, provided,
/8 however, that the By -Laws nay be amended from time to time by
19 the method and means provided therein
20 9 pllration of Agreement 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
29 surplus money, shall be disposed of in proportion to
29 contributions made Grant funded assets shall be disposed of
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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-
0 Laws, the defaulting member shall pay reasonable attorney fees
to the Agency as adjudicated and determined by the Court
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8 11 Authorization, Capon execution of this Agreement,
0 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
10 each member agency shall designate in writing to CQNF]RE, the
17 primary and alternate members to serve on the Board of
is 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
20 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 Hoard 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
a alternate representative in attendance
7 13 Source of Funds Any contributions of funds by
8 ember agencies shall be apportioned based on the number of
0 fires in each agency's jurisdiction over the immediate
10 precedingtwo year period
11 14 Accountability an& 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
10 Government Code Section 6505 5, and shall handle and have
17 access to Agency property, under an official bond in an amount
12 fixed by the member agencies The Agency shall contract for
10 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
23 defend, indemnify, and hold each other party, its elected
27 6
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officials, officers, agents, and employees free and harmless
from any and all liability or claims for personal injury,
death, and property damage which may arise from the
indemnifying partyls negligent acts or omissions under this
Agreement None of the parties shall be held responsible or
liable to any other party for any loss, damage or delay caused
by accidents, stftkes, lockouts, fire, flood, act of civil or
military authority or b'ir insurrection or'riot.or by any other
cause which is beyond its control
16 Effective Date of Agreement This Agreement shall
become effective upon its execution by the Cities of Coltqn,
Loma Linda, Redlands, and Rialto, the central Valley Fire
Protection District and the•San Bernardino County Consolidated
Fire Agency Within 30 days of said date, the Agency shall
cause notice of this Agreement to be filed with the Secretary
f State of California, pursuant to Government Code Section
6503 5
7
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1l IN WITNESS WHEREOF, the undersigned public agencies have
set their signature on the respective dates set forth below
This document may be signed in duplicate originals
2
3
4
51ATTEST
G •
81 Cz c erk *�L/
9
01 ATTEST
11
12
CITY OF •RfDLANDS
A Municipal Corporation
CITY OF LAMA LINDA
A Municipal, Corporation
By
13� City Clerk j r,�c,v� �z
14
15 ATTEST
10
17
18 city Clerk
1'9
20. TTEST
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22
23
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25
26
271 8
23
r
CITY of 'CUl toN
A Municipal Corporation
CITY OF RIALTO
A Municipal Corporation
By
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TEST
Clerk the Board of
Supervi. •rs
pFROYED AS 10 FORM
DATE MAY 1 � 1994
Alan K. Marxs, COUNTY COUNSEL
54N BERNARDINO COUNTY CALIFORNIA
BY -- DEPUTY
VVIEU £ wD GE£'TI^':R TRkr A WY OF THIS'
4CCVE?IT Fiem t{r; ttipEQ TO THE i`.liAIR•
MAMt ur" T§SSrA i1 �0g� 111/,
e Fl -."P.t1h , oilp �
At s
f irif 47) coatis, `
9
4,44,- 44.
SAN BERNARDINO COUNTY
CONSOLIDATED FIRE AGENCY
By chairman, Board of
Supervisors of San
Bernardino County, as
Governing Body of San
Bernardino County
.consolidated Fire Agency
CENTRAL VALLEY FIRE
PROTECTION DISTRICT
By
Chairman, Board of
Supervisors of San
Bernardino County, as
Governing Body of
Central Valley Fire
Protection District
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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 u
ARTICLE II
Lama
The powers of the Agency include, but are not limited to the
followings
a) to enter into contracts, including the performanoo of services
for other governmental Units;
b) to employ agents and employees;
o) 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 1 of these By -Laws; and
h) the power to sue and be sued in its own name
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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 subjeot
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 agenoy'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
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F The Board, on behalf of the Agency, may accept contributions
or donations and may apply for and use grants or loane 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 discussion a
specific issue
c The date, time and
meetings of the Board of
Chairperson of the Board
emergency meetings shall
Bernardino
location of special, and emergency,
Directors shall be determined by the
of Directors Regular, special and
be held within the County of San
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
E To the extent not contrary to these By -Laws, Robert,'s Rules
of Order shall govern all meetings of the Board of Directors
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ARTICLE VI
puTTES 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
$ 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.
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ARTICLE VII
ADMINISTRATIVE COMMITTE14
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
entitle 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
Meetings of the Administrative Committee must comply with the Brown
Act
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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 aoard
of Directors They 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
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
IC 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
AUTTCLE VIII
XCACOMMITTEE
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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8 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 Teohnical 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, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements
C The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems
Fi 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
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
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ARTICLE X
FINANCES
A The fiscal year of the Agency shall end on June 30
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 forwarded 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 they 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
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
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G The amount of each participant's charges shall be determined
in accordance with Paragraph H below
!d 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 such member agency
Facility and rental and/or space utilization shall be a separate
item approved in the Agency's annual budget
1 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 Communioations, 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
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
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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.
n 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 a]. , 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) as 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 6O
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
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
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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 oredited 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
Ii 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
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 affected in the
manner calculated to cause the least disruption of existing public
safety communications systems
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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
I' 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 oflxcer 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
e 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, truet companies or other depositories by the Treasurer with
the consent of the Board of Directors.
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
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ARTICLE XVII
EFFgCTIVE 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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Appendix 2
To Second Amended Joint Powers Agreement
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[First Amendment to Joint Powers Agreement]
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AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE
CONFIRE JPA APPROVING A NAME CHANGE TO THE
CONSOLIDATED FIRE AGENCIES AND THE ADDITION OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A
MEMBER AGENCY
This AMENDMENT to the Joint Powers Agreement of the CONFIRE JPA dated this
3rd day of 5e0ferninr2013, is madc by and between the member agencies that compnse the
Consolidated Fire Agencies ("CONFIRE"), a joint powers authonty of the State of California,
and the Rancho Cucamonga Fire Protection District
WHEREAS, the cities of Redlands, Loma Linda, Colton, Rialto and the San Bernardino
County Fire Protection District (formerly known as the San Bernardino County Consolidated
Fire Agency) entered into a Joint Powers Agreement on May 15, 1990, and through subsequent
programs 10 form the Consolidated Fire Agencies, also known as CONFIRE, and
WHEREAS, the Rancho Cucamonga Fire Protection District has approached CONFIRE
to express its interest in becoming a voting member, and
WHEREAS. Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement")
provides that each additional public agency which may hereinafter sign the Agreement is a
member of the Agency and is entitled to all the rights and privileges and subject to the
obligations of membership, as provided in the Bylaws; and
WHEREAS, Article 3 of the Bylaws states that all governmental agencies which provide
public safety services arc eligible for membership in CONFIRE, provided in part that all
members of CONFIRE sign an amendment to the Joint Exercise of Powers Agreement,
WHEREAS, Article 3 further states that membership shall be contingent upon execution
of the Amendment, and the payment of such new member contribution or buy -in; and
WHEREAS, pursuant to Government Code section 6500 et seq , the parties to the
Agreement desire to amend the JPA to add the Rancho Cucamonga Fire Protect District as a full
voting member of the CONFIRE, and
WHEREAS, to that end, each of the member agencies adopted the Amendment to add
the Rancho Cucamonga Fire Protection District to the Agreement, and
WHEREAS, the membership fee for Rancho Cucamonga Fire Protection District has
been determined to be FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX HUNDRED
THIRTEEN DOLLARS ($420,613 00),
WHEREAS, these changes and terms are hereby accepted as demonstrated by the
execution of the written Amendment to the Agreement agreeing to the new terms as set forth
therein
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NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the parties hereto agree as follows:
l The Rancho Cucamonga Fire Protection Dishict has agreed to the terms and
conditions of this Amendment. The Rancho Cucamonga Fire Protection District,
as a member of CONFIRE, further agrees to abide by any applicable CONFIRE
bylaws. The Rancho Cucamonga Fire Protection District will sign an addendum
becoming a signatory to the CONFIRF Joint Powers Agreement.
2. Upon execution of this Amendment and Addendum, the Rancho Cucamonga Fire
Protection District will become a member of the CONFIRE JPA.
3. Approve the Amendment of the CONFIRE Joint Powers Agreement attached
hereto and by this reference incorporated herein as Exhibit "A," adding the
Rancho Cucamonga Fire Protection District as a member agency of CONFIRE
upon its execution of an addendum becoming a signatory to the Agreement.
4. Approve the name change from Consolidated Fire Agencies of the East Valley to
simply the Consolidated Fire Agencies.
5. Approve the membership fee for the Rancho Cucamonga Fire Protection District
In the amount of FOUR HUNDRED TWENTY THOUSAND DOLLARS SIX
HUNDRED THIRTEEN DOLLARS ($420,613.00).
6. That the Chairperson of the Board of Directors of CONFIRE is hereby authorized
to execute the proposed addendum to the JPA on behalf of CONFIRE.
7 This Amendment may be executed in counterparts,
8. All other provisions of the Agreement are to remain unchanged.
9. This Amendment is to be effective upon execution by all parties that arc currently
signatories to the Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to the
CONFIRE Joint Powers Agreement to be executed and attested by their officers thereto duly
authorized as of the date first above written.
[SIGNATURES ON THE FOLLOWING PAGES'
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SIGNATURE PAGE TO THE
AMENDMENT TO THE CONFIRE JOINT POWERS AGREEMENT
ATTEST.
By
Sam win
City Clerk
Dated .13/1:3
ATTEST.
By
Pamela Byrnes - '/Carob
City Clerk
Dated.'--/7 -.70
ATTEST:
By
Eileen Gomez
City Clerk
Dated /D/!f/ 3
ATTEST.
By
fl A
Barbara McGee
City Clerk
Dated. /o7,2//��
CITY OF REDLANDS
Pete Aguilar
Mayor
CITY OF LOMA LINDA
By. 2 4-
Rhodes Rigsby
Mayor
CITY OF COLTON
Sar
Mayor
CITY OF RIALTO
By./J
Deborah Robert o
Mayor
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SIGNATURE PAGE TO THE
AMENDMENT TO THE JOINT POWERS AGREEMENT
ATTEST SAN BERNARDINO COUNTY FIRE
PROTECTION DISTRICT
By.
Laura H Welch
Secretary of the Board of Directors
By.
wick
Janice utherford
Chai . , son of the Board of Directors
Dated ,1UL 0 9 9913
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMEN • LIVERED
TO THE CHAT'.'
LAURA H
Secretary
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[Addendum to the Joint Powers Agreement]
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ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING
THE RANCHO CUC,A.MONGA FIRE PROTECTION DISTRICT AS A MEMBER
AGENCY
This ADDENDUM to the JOINT POWERS AGREEMENT dated this Lday of ,
2013, is made by and between the Consolidated Fire Agencies ("CONFIRE"), a joint powers
authority of the State of California, and the Rancho Cucamonga Fire Protection District.
WHEREAS, Section 5 of the Joint Powers Agreement of CONFIRE ("Agreement"),
provides that each additional public agency that becomes a signatory to the Agreement shall
become a member who is entitled to all the rights and privileges and subject to the obligations of
membership, as provided in the joint powers agreement and the bylaws; and
WHEREAS, Section 8 of the Agreement provides that this Agreement may only be
amended by written agreement of all the parties; and
WHEREAS, the Rancho Cucamonga Fire Protection District desires to become a
member of CONFIRE, and
WHEREAS, all the member eities and districts of the CONFIRE JPA have unanimously
approved by resolution adding the Rancho Cucamonga Fire Protection District as its newest
member; and
WHEREAS, TO THAT I3ND, the Board of Directors of the Rancho Cucamonga Fire
Proteetion District has agreed to the District becoming a signatory to the Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the parties hereto agree as follows.
I The Rancho Cucamonga Fire Protection District agrees to the terms and
conditions of the Agreement incorporated herein by reference as Exhibit "A" and
any amendments thereto.
2, The Rancho Cucamonga Fire Protection District further agrees to abide by the
CONFIRB bylaws incorporated herein by reference as Exhibit "B" and any
amendments thereto.
3. Upon execution of this Addendum to the Agreement, the Rancho Cucamonga Fire
Protection District will become a member of the CONFIRE, and will add itself as
a signatory to the Agreement by executing Exhibit "C"
4 This Addendum shall become effective upon the execution of the signatory page.
[SIGNATURES ON FOLLOWING PAGE]
99999.91354181642721
37
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ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING
THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER
AGENCY
CONFIRE, a California joint powers RANCHO CUCAMONGA FIRE
authority
BY -
Dr Rhodes Rigsby
Chairperson
ATTEST �/�
BY y ' 'A'
71
Rick Britt
Secretary of CONFIRE
99999.9135418164272.1
PROTECTION DISTRICT
BY
Pres
ATTEST
BY
Secretary
of Director
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L \ca\Reso\8000 Confire Admission of New Agencies Resolution for Member Agencies.docx
Exhibit"A"
Joint Powers Agreement
[Attached Behind This Page]
99999.91350164272.1
39
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JOINT PQnag.M
2 THIS AGREEMENT is entered into by and between the public
3 agencieagencies signatory hereto, hereinafter called "public
4agencies "
6 WITNESSETH
WHEREAS, the signatories herein have determined that
7 there is a need by public agencies within the East End cities
8 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 agenCiQS can best be served by the coordinated use of public
14 safety radio channels and centralized regional computer aided
communications system; and,
10 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
10 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
2 fire agency and,
26 WHEREAS, the cost of developing, operating and
27
28
40
LAca\Reso \ 8000 Confire Admission of New Agencies -Resolution for Member Agencies.docx
malror,pf-
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
8mutually agreed upon; and,
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
1,1 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF
15 THE MUTUAL COVENANTS .HEREIN CONTAINED, IT IS AGREED BY AND
17 BETWEEN THE PARTIES HERETO AS FOLLOWS:
18 1 AcrencV 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 public entity
25 separate from the parties to the Agreement
27
28
41
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3.
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 pant of this Agreement
6 3, Purpose The purpose of this Agreement shall be as
G set forth in section 1, above, and Article 1 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 coNFZRE, 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
i2 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 Rill 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
Agency upon the adoption by its legislative body of a
resolution of intention to withdraw and the giving of written
notice thereof to the Chairman of the Board of Directors of
the Agency and to each of the other public agencies signatory
23'
24
26'
26
27
28
3
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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 DebtLhritL gency shall have
4 the power in its own name, to make and enter into oontrects,
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
owever, 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
Agreement The Agency shall not have the power of eminent
11
12
13 domain nor the power to levy taxes, and its power generally
14 shall be subject to the restrictions applicable to the Central
Valley Fire Protection District
8 Amerdment 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
21
22
23
24
2r
26
27
28
9 Du t
ent
This Agreement shall
continue in effect until terminated by unanimous consent of
he parties or until dissolution of the Agency in the manner
provided in said. By -Laws Upon such termination, or
dissolution, the non -grant assets remaining, including any
urplus money, shall be disposed of in proportion to
contributions made Grant funded assets shall be disposed of
4
43
LAca\Reso \ 8000 Confire Admission of New Agencies -Resolution for Member Agencies.docx
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 enforc6 any
b of the provisions hereof, including any provision of the By-
G 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,
0 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 rdsponsibility
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
27 5
23
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1 By --caws
2 C Each public agency which is a member of the Agency
3 shall be entitle 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
0 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
10 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 +,
10 a certified public accountant to perform 4n 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
27 6
28
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2
3
4
5
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7
'8
9
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.1„
officials, officers, agents, and employees free and harmless
from any and all liability or claims for personal injury,
death, and property damage which may arise from the
indemnifying party's negligent acts or omissions under this
Agreement None of the parties shall be held responsible or
liable to any other party for any loss, damage or delay caused
by accidents, sthkes, lockouts, fire, flood, act of civil or
military authority or b"ii insurrection or riot_or by any other
cause which is beyond its control
eein This Agreement shall
16
e Da
become effective upon its execution by the Cities of Colton,
Loma Linda, Redlands, and Rialto, the Central Valley Fire
Protection District and the•San Bernardino County Consolidated
Fire Agency Within 30 days of said date, the Agency shall
ause notice of this Agreement to be filed with the Secretary
of State of California, pursuant to Government dode Section
6503 5
7
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LAca\Reso \ 8000 Confire Admission of New Agencies -Resolution for Member Agencies.docx
1
2
3
4
5
6
0
10 l ATTEST
IN WITNESS WHEREOF, the undersigned public agencies have
sat their signature on the respective dates set forth below
This document may be signed in duplicate originals
ATTEST
11
12
13 City Cleric
14
16 ATTEST
16
17
18 C ty Clerk
1•0
20 ATTEST
21
22
23
24
25
26
27
28
er
8
CITY OF •REDLA1mDS
A Municipal Corporation
CITY Off' LOMA LINDA
A Municipal corporation
CITY O/ co tON
A Municipal Corporation
CITY OF RIALTO
A Municipal Corporation
ay
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4
1
211 A
3
4
5
6
7
8
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TEST:
Clerk • the Board of
Supervi •rs
' FPROVED AS 10 FORM
DATE
Alan K. Marts, COUNTY COUNSEL
SM BERNARDINO COUNTY CALIFORNIA
DEPUTY
RTC^':u T14J,T A COPY OF THIS'
D�k. ii�lq ED TO 11?: CHAIR•
IsF f fik/fr.
Dqz:;i of gr.st 'f.4L2
r� 7.l%,++�\\
II 76.GT' ....
9
SAN BERNARDINQ COUNTY
CONSOLIDATED FIRE AGENCY
By chairman, Boaxdof
supervisors of San
Bernardino County, as
Governing Body of San
Bernardino County
Consolidated Fire Agency
(7,474,-
CENTRAL VALLEY FIRE
PROTECTION DISTRICT
7c,
By
Chairman, Board of
Supervisors o;C San
Bernardino County, as
Governing Body of
Central Valley Fire
Protection District
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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
followings
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
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ARTICLE III
PARTICIPATION
A Ali 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
HOARD 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
shail 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
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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 discussion a
specific issue
c The date, time and
meetings of the Board of
Chairperson of the Board
emergency meetings shall
Bernardino
location of special, and emergency,
Directors shall be determined by the
of Directors. Regular, special and
be held within the County of San
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
E To the extent not contrary to these By -Laws, Robert's Rules
of order shall govern all meetings of the Board of Directors
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ARTICLE VI
pUTIES OF imNcy OFFICERS
A The officers of CONFIRR shall consist of a Chairperson, a
Vice -Chairperson, a Secretary and a Treasurer The Chairperson
shall be a member of the Board of Directors.
s 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
N 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.
P 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.
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ARTICLE Vll
ADMINISTRATIVE COMMITTED
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
entitle to one (1) seat on the Administrative Committee for each
Chief officer or Exeoutive 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 awn 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
C 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
Meetings of the Administrative Committee must comply with the Brown
Act
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B Each public agency that is a member of this Agency shall be
entitled to one (1) seat an 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
b 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, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements
C 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 COMMU ICATIONS
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
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
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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 an or
before February 1 of each year and forwarded the same to the Board
of Directors for review The Board of Directors shall adopt the
annual budget for the Agency not later than Mural 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
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 preoeding 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 eaoh
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
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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 such member agency
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
MENCY EMPLopYF g
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
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
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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 35O0 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) as 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
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
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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.
G 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
l� 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 affected in the
manner calculated to cause the least disruption of existing public
safety communications systems
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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
G 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.
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
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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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Exhibit "B"
Bylaws
[Attached Behind This Page]
99999,9135418164272.1
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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;
g)
h)
d) to incur debts, liabilities or obligations;
e) the purchase or lease of the equipment and
f) the employment of the necessary personnel and the
and maintenance of a communications system;
all powers necessary and incidental to carrying out the
purpose set forth in ARTICLE I of these By -Laws; and
the power to sue and be sued in its own name
necessary;
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machinery
operation
ARTICLE III
PARTICIPATION
A Ali 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
e 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
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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 Agenoy 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 discussion a
specific issue
c The date, time and
meetings of the Board of
Chairperson of the Board
emergency meetings shall
Bernardino
location of special, and emergency,
Directors shall be determined by the
of Directors. Regular, special and
be held within the County of San
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
E To the extent not contrary to these By -Laws, Robert's Rules
of order shall govern all meetings of the Board of Directors
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ARTICLE VI
PUTTES OF AGENCY OFFICERS
A The officers of CONFIRR shall consist of a Chairperson, a
Vice --Chairperson, a Secretary and a Treasurer The Chairperson
shall be a member of the Board of Directors.
a 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
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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
entitle 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 oalling a meeting of the Administrative Committee
Meetings of the Administrative committee must comply with the Brown
Act
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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 Hoard
of Directors They shall serve a one (1) year term as Chairperson
and shall be elected to that position annually by the members of
the Administrative Committee.
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
tinanoial transactions since the previous regular
meeting
If 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
ECHNICP.L Cl7NIMITTEE
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
17 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, they shall call emergency meetings of the Technical
Committee should the need arise to meet operational requirements
C The Technical Committee shall provide to the Administrative
Committee recommended solutions to operational problems.
FI 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 1e 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
O 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
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ARTICLE X
PrrtANCEs
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 forwarded 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
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
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C ¶he amount of each participant's charges shall be determined
in accordance with Paragraph H below
ti 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 such member agency
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 CONFXRE 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 £MPIpYF.i S
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
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.
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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 Communisations 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 mattere 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) as 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
JIABILITY 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
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
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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
D 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
[? 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 affected in the
manner calculated to cause the least disruption of existing public
safety communications systems
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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 genera], 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
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
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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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Exhibit "C"
Signatory Page to the CONFIRE Joint Powers Agreement
[Attached Behind This Page]
99999, 913541d 164272.1
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ATTEST
99999.9135418164272.1
ADDENDUM TO JOINT POWERS AGREEMENT
(CONFIRE)
Rancho Cucamonga Fire Protection District
Date
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EXHIBIT "B"
TO RESOLUTION
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RESOLUTION NO. 2019 -1
BEFORE THE BOARD OF DIRECTORS OF THE
CONSOLIDATED FIRE AGENCIES
Reconatnendatton to Admit Chino Valley Independent Fire District as a Party to
Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement
RECITALS
1 WHEREAS, Chino Valley Independent Fire District ("District") is a California fire
protection district duly organized and existing under Section 13800 et seq. of the Health &
Safety Code.
2. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint
Powers Agreement effective August 13, 1990, amended September 3, 2013, and amended
again on September 17, 2013 (collectively, the "JPA").
3. WHEREAS, as set forth in gxhibit A, hereto ("Administrative Committee Staff Report
and Action Item"), the Administrative Committee of CONFIRE has recommended that this
Board of Directors urge the current JPA members to amend the JPA to admit the District
as a member of CONFIRE on the condition that the District pay the Required -Buy -In on
or before December 31, 2019
RESOLUTION
NOW, THEREFORE, BE 1T RESOLVED:
1 The Board of Directors recommends tjiat each current party to the JPA take action to amend
the JPA to admit the District as a member of CONFIRE on the condition that the District
pay the Required -Buy -In on or before December 31,2019
THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire
Agencies at a regular meeting held on the 2nd of AQr r 1 , 2019, by the following roll call
vote:
AYES. Co
NOES: Ct.
ABSENT' !S
00110626.1
1
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Exhibit A
to Resolution No. 2019-01
[Administrative Committee Meeting Minutes]
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CDNFIRE
ADMINISTRATIVE COMMITTEE MEETING
MINUTES
Tuesday, February 26, 2019
1.30 P M
SAN BERNARDINO COUNTY EOC
1743 MIRO WAY. RIALTO CA 92376
ROLL CALL
ADMINISTRATIVE COMMITTEE MEMBERS
Chief Tim McHargue/Chairperson, Colton Fire
Chief Ivan Rojer/Vice Chairperson, Rancho Cucamonga Fire
Chief Dan Harker, Loma Linda Fire
Chief Nathan Cooke, Redlands Fire
Chief Brian Park Rialto Fire
Chief Don Trapp San Bernardino County Fire
SUPPORT STAFF
Mike Bell, Director
Tim Franke, Dispatch Manager
Kristen Anderson Assistant Dispatch Manager
John Tucker, Assistant Dispatch Manager
Blessing Ugbo, Special Projects Lead
Liz Berry, Admin Secretary I
Rana Gilani, Staff Analyst II
GUESTS
Chief Lorenzo Gigliotti, Apple Valley Fire
Chief John Chamberlin, San Bernardino County Fire
Chief Greg Benson, Victorville Fire Department
Chief Eric Noreen, Rancho Cucamonga Fire
Chief Tyler Johnson, Chino Valley Fire Department
Yvonne Robbins, BDC MIS Supervisor
Vanessa Meyer, Confire
Battalion Chief Buddy Peratt, Apple Valley Fire
I CALL TO ORDER
a Flag Salute
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b Roll Call/Introductions
II. PUBLIC COMMENT
An opportunity provided for persons in the audience to make brief statements to the
Administrative Committee (Limited to 30 minutes, 3 minutes allotted for each speaker)
III CONSENT ITEMS
The following items are considered routine and non controversial and will be voted
upon at one time by the Administrative Committee An item may be removed by a
Committee member or member of the public for discussion and appropriate action
1 Approve Administrative Committee Minutes ofJanuary 15, 2019 (Attachment A)
2 Financial Statements thru January 31, 2019 (Attachments B1 B2)
3 Dispatch Performance reports (Attachments C1-C6)
4. Hesperia Lease Agreement (Attachments D1-D2)
Approve the lease agreement between CONFIRE and the County of San Bernardino
Real Estate Services for space at the HDGC The agreement is for 10 years
commencing on May 1, 2019 It begins at $6,251,00 per month for rent and
maintenance and increases 3.5% each year thereafter The total encumbrance for
the lease is $878,160 for ten years
Chief Don Trapp requested this item be sidelined until the County's dispatch study is
complete
Motion to table the HDGC lease until San Bernardino County's dispatch study is
completed
Motion by Chief Trm McHargue
Second by Chief Dan Harker
Approved Unanimously
5 Action on Consent
Motion to accept items 1 thru 3 under Consent Items
Motion by Chief Trapp
Second by Chief Cooke
Approved Unanimously
IV DIRECTOR REPORT
6 Director Report — Mike Bell
a EMD Ad Hoc update
RFP out for a consultant to help facilitate the group Group is currently working
on standardizing call types across the board
Admin Committee Minutes February 26, 2019- Page 2 of 7
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b. CAD to CAD project update
i Approval for S.A.M registration (Attachment E)
Approve Rana Gilani, Staff Analyst 11, as the designated SAM Entity
Administrator
Motion by Chief Don Trapp
Second by Chief Ivan Rojer
Approved Unanimously
V. OPS COMMITTEE REPORT
i OPS/Admin discussion
i Leader's intent
Define policy making and empowerment of the representative to make
decisions Representatives are to discuss agenda topics and know how their
agency stands on topics being discussed and be empowered to make
decisions that accurately represent their agency
Admin Chiefs will schedule a separate meeting to further discuss leader's
intent with reference to the OPS group
ii. Change Management
Tabled
iii CAD Access request (Attachment F)
Establish protocol for qualified agency liaisons to securely access the live CAD
environment for making agency only changes in certain modules under
certain conditions, Qualified agency liaisons must be signed off by the
CONFiRE CAD Administrator as having the proper training and experience
required Access to the CAD environment only from approved locations and
services as specified by CONFIRE MIS Make changes that will be limited to
agency only matters Any change that could have an impact on other
agencies must be vetted through the CONFIRE Operations Committee A CAD
help ticket will be submitted documenting all changes made at each session
Motion to approve CAD Access Agreement
Motion by Chief Ivan Rojer
Second by. Chief Brian Park
Approved Unanimously
VI. DISCUSSION ITEMS
7 Standing Topics
a IT Projects
Telestaff Upgrade in progress 3/31/19 estimated completion
ATIA (SIMS Interface), in progress, 2/15/19 estimated completion
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2/262019
Deccan LiveMUM, in progress, 3/26/19 estimated completion,
SD WAN, in progress, 5/31/19 estimated completion
BDC Transition in progress, 12/31/19 estimated completion
Tablet Command (Phase 2), in progress 3/6/19 estimated completion
Active Directory Upgrade, in progress, 4/28/19 estimated completion
Verizon VPN Tunnel, in progress, 3/15/19 estimated completion
i Temp Hire
i Approve hire of a temporary (contract) position to back fill
long term vacancy in MIS (two six-month terms not to
exceed $50,000 per term) Use of salary savings to fund
this role
Motion to approve the hiring of a temporary (contract)
position to back fill a long term vacancy in MIS (two six
month terms not to exceed $50,000 per term)
Motion by Chief Nathan Cooke
Second by Chief Dan Harker
Approved Unanimously
ii Office 365 project/Active Directory Migration (Attachment G)
i Approve contract with DynTek not to exceed $82,000to
perform the migration of the legacy CONFIRE Active
Directory into the new Office 365 platform
The cost of this project will be allocated based on agency
benefit as derived by the number of email accounts per
agency based on the Office 365 contract with Microsoft
The cost for migration is $59 75 per account Chiefs of
affected agencies need to provide direction if funds should
be drawn from agency Equipment Reserve funds (5009) or
added to agency quarterly billing All agencies have
sufficient funds in 5009 to cover these costs The CONFIRE
amount will be drawn from CONFIFE Equipment Reserve
fund
Chiefs tabled the topic for 3 bids or a venue/source that
can take care of the vetting process
b BDC MIS Transition
Transition moving along smoothly
C CPE Refresh
Several demos have been attended We continue to look at all available
options
Admin Committee Minutes February 26, 2019-- Page 4 of 7
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8. Old Business
a West Net Station Alerting Radio Purchase (Attachments H1-H2)
The convergence of the installation of the Westnet Station alerting system and
the near completion of the County 1SD S00 digital radio upgrade project
necessitates agencies that have installed the Westnet system to upgrade their
existing analog alerting radios to fully digital radios to receive back up radio
alerting from the Westnet system in the event of a failure in the delivery of the
primary IP alerting packet
Approve sole source purchase of 36 Motorola APX 4500 Mobile Digital
radios not to exceed $150,000.00
Approve sole source purchase of 24 Motorola APX 4500 and 12 APX 6500
(BDC Only) Mobile Digital radios not to exceed $150,000 The sole source
Justification is based on the sole use of and support of the Motorola
digital radio by County iSD The agency will only support the APX 4500 or
APX 6500 for this purpose The cost provided by the vendor is consistent
with their pricing elsewhere
Motion to Approve the sole source purchase of 24 Motorola APX 4500
and 12 APX 6500 (BDC only) Mobile Digital radios not to exceed
$150,000
Motion by Chief Nathan Cooke
Second by Chief Brian Park
Approved Unanimously
ii Chino membership Update (Attachments 11-12)
Chino Valley Fire will be starting service with CONFIRE in March of 2019
From the beginning the organization has clearly stated its desire to
become a member agency of CONFIRE at the earliest possible time. The
recently approved new member process affords Chino Valley that
opportunity due to its previous engagement at CONFIRE from 2000 2004.
Attached is a letter dated December 12, 2018, from Chino Valley Fire
Chief Tim Shackelford requesting his organization be considered for
membership by the Administrative Committee and the CONFIRE Board of
Directors
Board policy sets a minimum of $300,000 buy in fee for new member
agencies. Each agency is then assessed for any fees above that amount
based on a call volume/ CONFIRE asset formula Based on that
methodology the buy in figure for Chino Valley Fire would be
$412,423.00
Admin Committee Minutes February 26, 2019-- Page 5 of 7
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Motion to approve the Chino Valley membership and proposed "buy -in"
amount. Move to Board of Directors for final consideration
Motion by Chief Tim McHargue
Second by Chief Don Trapp
Approved Unanimously
9 New Business
a First Watch Foam Module Demo (Attachment J)
i Approve CONFIRE purchase of Firstwatch F O.A M module for $8540.00
(one-time) cost and $1500 annually thereafter for maintenance and
support This would make CONFIRE the primary agency All CONFIRE
agencies could then purchase the "add on" module for $1830 (one-time)
cost and $330 annually thereafter for maintenance and support
CONFIRE purchase would be funded through credit held at Firstwatch,
remaining credit could fund all member agencies Contract agencies
would need to pay the additional cost
Motion to approve the purchase of Firstwatch F.O.A.M module for
$8540 00 (one time) and $1500 annually thereafter for maintenance
and support
Motion by Chief Nathan Cooke
Second by Chief Ivan Rofer
Approved Unanimously
b Apple Valley Fire membership inquiry (Attachment K)
CONFIRE received a letter dated February 20 2019 from Apple Valley Fire
Protection District inquiring on membership with CONFIRE Apple Valley is
requesting specific information on membership costs, benefits, assigned
obligation and contract language as well as any details about becoming and
functioning as a JPA member
Motion to direct Mike Bell to respond to Apple Valley's request for
membership
Motion by Chief Tim McHargue
Second by Chief Don Trapp
Approved Unanimously
c Preliminary Budget discussion
The budget process is moving along, no significant changes are foreseen
By the end of March, a true preliminary budget will be presented
Chief Chamberlin requested that the Admin Chiefs address the budget for Confire
administrative staff salary being divided equally among the agencies Current
Admin Committee Minutes February 26, 2019- Page 6 of 7
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.IPA by-laws state that the cost is determined by agency call volume, The Chiefs
asked director 6e11 to look deeper into the request
d Dispatcher appreciation week April 14 20th
Agencies were invited to visit Comm Center and their dispatchers
Closed session
Admin Committee Minutes February 26, 2019- Page 7 of 7
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CONFIRE
DATE: 1/15/2019
FROM Mike Bell
Director
STAFF REPORT
TO Administrative Committee
SUBJECT Chino Valley Fire Membership Request
Recommendation
Approve Chino Valley membership request and proposed "buy -in" amount Move to
Board of Directors for final consideration
Background Information
Chino Valley Fire will be starting service with CONFIRE in March of 2019 From the
beginning of their interaction with CONFIRE the organization has clearly stated its desire to
become a member agency of CONFIRE at the earliest possible time The recently approved
new member process affords Chino Valley that opportunity due to its previous
engagement at CONFIRE from 2000 2004
The current contract with Chino Valley Fire stipulates they request membership before the
end of 2019 Attached is a letter dated, December 13 2018 from Chino Valley Fire Chief
Tim Shackelford requesting his organization be considered for membership by the
Administrative Committee and the CONFIRE Board of Directors
Board policy sets a minimum of a $300,000 buy in fee for new member agencies Each
agency then is assessed for any fees above that amount based on a call volume/ CONFIRE
asset formula Based on that methodology the buy in figure for Chino Valley Fire would be
$412,423
The current JPA Agreement and By Laws provide the additional information Chino Valley
needs to consider its ultimate decision for membership CONFIRE staff stands ready to
work with Chino Valley Fire to address additional questions from their staff and Board of
Directors If approved by the Administrative Committee, the next step would be for the
matter to be brought to the CONFIRE Board of Directors for approval A resolution and JPA
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agreement amendment would be drafted by CONFIRE legal counsel and circulated to each
member agency governing board for final approval.
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EXHIBIT "C"
TO RESOLUTION
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#2
RESOLUTION NO. 2019 -05
BEFORE TIIE BOARD OF DIRECTORS OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Admit Apple Valley Fire Protection District as a Party to
Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement
RECITALS
1 WHEREAS, Apple Valley Fire Protection District ("District") is a California fire
protection district duly organized and existing under Section 13800 et seq. of the Health &
Safety Code.
2. WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a joint powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint
Powers Agreement effective August 13, 1990 and amended September 17, 2013 and
thereafter (collectively, the "JPA"),.
3. WHEREAS, as set forth in Exhibit A hereto ("Administrative Committee Resolution"),
the Administrative Committee of CONFIRE has recommended that this Board of Directors
urge the current JPA members to amend the JPA to admit the District as u member of
CONFIRE on the condition that District pay the an initial installment of a Required Buy -
In to CONFIRE in the amount of Eighty -One Thousand Two Hundred Sixty -Seven Dollars
($81,267.00) on or before December 31, 2019 and agrees to pay four (4) equal subsequent
annual installments of a Required Buy -In to CONFIRE concluding on or before December
31, 2024 of Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a
total Required Buy-1 n of Four Hundred Six Thousand Three Hundred Thirty -Six Dollars
($406,336.00).
RESOLUTION
NOW THEREFORE, BE IT RESOLVED:
1, The Board of Directors recommends that each party to the JPA take action to amend
the JPA to admit the District as a member of CONFIRE on the condition that District
pay the an initial installment of a Required Buy -In to CONFIRE in the amount of
Eighty -One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00) on or before
December 31, 2019 and agrees to pay four (4) equal subsequent annual installments of
a Required Buy -In to CONFIRE concluding on or before December 31, 2024 of Ltighty-
One Thousand Two Hundred Sixty -Seven Dollars ($81,267.00), for a total Required
Buy -In of Four Hundred Six 'Thousand Time Hundred Thirty -Six Dollars
($406,336.00),
00116794,1
1
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112
THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire
Agencies at a regular meeting held on the 144 El'0f y1' cry , 2019, by the following roll call
vote:
AYES. C,
NOES: 0
ABSENT `ar'
Signed and Approved by me after its passage,
ATTEST'•
f `,
Secretary to the Board of Directors m
Consolidated Fire Agencies
90111004
2
Chairperson of the oard ,' hectors
Consolidated Fire Agencies
93
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Exhibit A
To Resolution 2019-05
Administrative Committee Resolution
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41
RESOLUTION NO. 2019-04
BEFORE THE ADMINISTRATIVE COMMITTEE OF THE
CONSOLIDATED FIRE AGENCIES
Recommendation to Admit Apple Valley Fire District as a Party to
Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement
RECITALS
1 WHEREAS, Apple Valley Fire Protection District ("District") is a California Aire
protection district duly organized and existing under Section 13800 et seq. of the Health &
Safety Code,
2, WHEREAS, Consolidated Fire Agencies ("CONFIRE") is a John powers authority duly
organized and existing under Section 6500 et seq. of the Government Code and its Joint
Powers Agreement effective August 13, amended September 3, 2013, and amended again
on September 17, 2013 (collectively, the "JPA").
3 WHEREAS, pursuant to Section 5 and Section 8 of the body of the JPA, membership in
CONFIRE may be acquired by a public agency that both becomes a signatory to the JPA
and obtains the unanimous consent of all parties to the JPA.
4. WHEREAS, the District desires to become a metnber of CONFIRE.
5, WHEREAS, CONFIRE has studied the potential impacts of the District becoming a party
to the JPA.
6, WHEREAS, CONFIRE has advised the District that it must pay, as a condition of the
District becoming a party to the JPA and a member of CONFIRE, the sum of four hundred
six thousand three hundred thirty-six dollars ($406,336) to the general reserve fund (5010)
of CONFIRE (the "Required -Buy -In").
,RESOLUTION
NOW, TIIEREFORE,13E IT RESOLVIsD:
1 The Administrative Committee recommends to the CONFIRE Board of Directors that each
current party to the JPA be urged to amend the JPA to admit the District as a member of
CONFIRE on the condition that the District pay the Required -Buy -In on or before
December 31, 2019
00110625,2
1
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#1
THIS RESOLUTION was passed and adopted by the Administrative Committee of the
Consolidated Fire Agencies at a regular meeting held on the 28th of May, 2019 by the following
roll call vote
AYES
NOES
ABSENT
Signed and Approved by me after its passage
ATTEST
Secretary to the Administrative Committee
Consolidated Fire Agencies
00110625.2
2
Chairperson of the Administrative Committee
Consolidated Fire Agencies
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