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HomeMy WebLinkAbout05-043 - Resolutions RESOLUTION NO. FD 05-043 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AMENDMENT TO THE THIRD AMENDED JOINT POWERS AGREEMENT OF THE FIRE AGENCIES INSURANCE RISK AUTHORITY WHEREAS, the Rancho Cucamonga Fire Protection District is a member agency of THE Fire Agencies Insurance Risk Authority (FAIRA); and, WHEREAS, the Board of Directors of FAIRA, at its meeting of June 13, 2005, approved an amendment to the text of the Third Amended Joint Powers Agreement to modify the language contained on Article VII (Governing Board); and WHEREAS, the Board of Directors of FAIRA has recommended that each of the Member Agencies consider and approve the amendment to Article VII; and WHEREAS, the Board of Directors of the Rancho Cucamonga Fire Protection District has considered the proposed text amendments to Article VII of the Third Amended Joint Powers Agreement and desires to give approval to the proposed, amended language. NOW, THEREFORE, be it resolved by the Board of Directors of the Rancho Cucamonga Fire Protection District as follows: 1. The proposed changes to Article VII (Governing Board) of the Third Amended Joint Powers Agreement, as recommended by the FAIRA Board of Directors, and as shown in Exhibit "A" attached herewith to this Resolution, is hereby approved. 2. The Chairman of the Board of Directors is hereby authorized to execute a "Fourth Amended Joint Powers Agreement", which includes the changes to Article VII approved herewith, at such time as the Fourth Amended Joint Powers Agreement is presented for signature. 3. The President or the Fire Chief of the Rancho Cucamonga Fire Protection District is hereby director to notify FAIRA of the adoption of this Resolution and is further directed to provide a copy of this Resolution to FAIRA. Please see the following page for formal adoption,certification and signatures Resolution No. FD 05-043 Page 2 of 4 PASSED, APPROVED, AND ADOPTED this 201h day of July 2005. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Ale der, President ATTEST: Debra J. Ada ecretary 1, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 201h day of July, 2005. Executed this 21't day of July 2005 at Rancho Cucamonga, California. Debra J. A , Secretary Resolution No. FD 05-043 Page 3 of 4 EXHIBIT"A" ARTICLE VII. GOVERNING BOARD (a)_Composition of Board. Beginning as of the Board meeting held on or after June,2005,the Authority shall be governed by a Board composed of thirteen(13)members. Of the 13 seats on the Board,one shall be reserved for one of the Member Agencies located in the state of Nevada, and one shall be reserved for the largest FAIRA Member Agency(as determined by premium paid in the last fiscal year). Thereafter,every four(4)years or as otherwise determined by the Board of Directors to be election years,the FAIRA Manager shall invite nominations from all of the Member Agencies to fill the remaining eleven seats on the Board. Thereafter,the Manager shall compile a list of Board nominations and shall submit the list of nominations to all of the Member Agencies for a vote. Only the Member Agencies located in the state of Nevada shall vote to select the Member Agency to fill the seat reserved for the Nevada Member Agencies. At the FAIRA Board meeting convened in June of an election year,the Board of Directors shall review and count the ballots and shall determine,based on the balloting,the Agencies who shall be represented on the Board of Directors for the upcoming 4-year period. The Board may establish written procedures for the conduct of nominations, balloting and Board Member selection as needed. Board members shall be elected for a term of four(4)years. Each Member Agency represented on the Board shall be either a member of the legislative body, its administrative officer,or its fire chief or staff person responsible for its risk management function as its representative to the Board. Each Member Agency legislative body shall also appoint one alternate as a Board member,who shall have the same qualifications as the Member Agency Board member, and who may attend,participate in,and vote at any meeting of the Board at which the regular Board member is absent. A Board member is not entitled to compensation from the Authority. However, the Board may authorize reimbursement for expenses,consistent with its Board of Directors Policy, incurred by a member in connection with the duties of a Board member. (b) Vacancy on Board. Any vacancy in a Board member or alternative Board member position shall be filled by the Member Agency's legislative body for the remaining term of the Board member or alternative Board member position. Any vacancy created on the Board by the departure or withdrawal of any member agency shall be filled by appointment by the Board. The newly appointed Board member shall serve for the unexpired term of the Board position that became vacant as a result of the departure or withdrawal. The appointment may be made at any,regular or special meeting of the Board. Resolution No. FD 05-043 Page 4 of 4 IN WITNESS WHEREOF,the parties hereto have executed this Agreement by their duly authorized officers. FIRE PROTECTION DISTRICT Dated: BY: ATTEST: FIRE AGENCIES INSURANCE RISK AUTHORITY Dated: BY: 27