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HomeMy WebLinkAbout2021/02/03 - Regualr Meeting Agenda Packet CITY OF RANCHO CUCAMONGA L. Dor ennis Michael REGULAR MEETING AGENDA Mayor Pro Tem February 3, 2021 Lynne B. Kennedy 10500 Civic Center Drive MemberCouncils of the City Rancho Cucamonga, CA 91730 rvo,� Ryan A. Hutchison Kristine D. Scott Sam Spagnolo FIRE PROTECTION DISTRICT BOARD—CITY COUNCIL HOUSING SUCCESSOR AGENCY-SUCCESSOR AGENCY— PUBLIC FINANCE AUTHORITY CLOSED SESSION TRI-COMMUNITIES ROOM 4:30 P.M. REGULAR MEETINGS COUNCIL CHAMBERS 7:00 P.M. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. It Is the Intent to conclude the meeting by 10:00 p.m. unless extended by the concurrence of the City Council. Agendas, minutes, and recordings of meetings can be found at www.cityofrc.us or by contacting the City Clerk's Office at 909-774-2023. Live Broadcast available on Channel 3 (RCTV-3). In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of our residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings. Members of the City Council/Fire District and staff may participate in this meeting via a teleconference. In place of in-,person attendance, members of the public are encouraged to watch from the safety of their homes in one of the following ways: Live Streaming on the City's website at https://www.cityofrc.us/your-government/city-council-agendas or Local Cable: RCTV3 Programming Members of the public wishing to speak during public communication may call at the start of the meeting by dialing (909)774-2751, if speaking on a Public Hearing item, please dial in when the Public Hearing is being heard at (909)774-2751 to be added to the queue for public comment. Calls will be answered in the order received. The City of Rancho Cucamonga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act ("ADA"), please contact the City Clerk's Office at (909) 774-2023, 24 hours prior to the meeting so that the City can make reasonable arrangements. CITY COUNCIL VISION STATEMENT Page 1 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." CLOSED SESSION - 4:30 P.M. TRI-COMMUNITIES ROOM ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER, HUMAN RESOURCES DIRECTOR PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH THE RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION (RCCEA), TEAMSTERS LOCAL 1932 EXECUTIVE MANAGEMENT GROUP AND FIRE SUPPORT SERVICES — CITY D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: HIMNEL USA, INC. d/b/a ST. MARY'S MONTESSORI SCHOOL AND GLOBAL PROPERTY HOLDINGS LLC VS. CITY OF RANCHO CUCAMONGA, SBSC CASE NO.: CIVDS 2014554. — CITY D3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIVDS 1928697 D4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 — CITY D5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: PEPE'S INC. V. CITY OF RANCHO CUCAMONGA, UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA, CASE NO. 5:20CV02506JGBSP D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER CITY COUNCIL VISION STATEMENT Page 2 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 1 31 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST; ROBERT BRUCE STANFORD, A WIDOWER (AN INDIVIDUAL) & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS; REGARDING PRICE AND TERMS - CITY D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-141 -13. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. - CITY D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY: APN 0207-541-60-0000/2.25 ACRES; APN 0207- 252-93-0000/2.0 ACRES; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, ELISA COX, DEPUTY CITY MANAGER, FLAVIO NUNEZ, MANAGEMENT ANALYST II, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND AEGIS ASSET BACKED SECURITIES LLC, BROKER; REGARDING THE PURCHASE, SALE, EXCHANGE, OR LEASE OF REAL PROPERTY BY OR FOR THE CITY. - CITY D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND 0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND CHRIS HYUN, LEFTBANK ART REGARDING PRICE AND TERMS. - CITY D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227- 121-56); HAVEN AVE. (APN:0208-331-47); HAVEN AVE. (APN:0208-331-40); 8340 UTICA AVE. (APN:0208-353-06); 9612 SAN BERNARDINO ROAD (APN:0208-131-83); 9547 SAN BERNARDINO ROAD (APN:0208-151-07); 9561 SAN BERNARDINO ROAD (APN: 0208-151-17); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND VOLUNTEERS OF AMERICA OF LOS ANGELES (VOALA), REGARDING PRICE AND TERMS. - CITY/FIRE C. CITY MANAGER ANNOUNCEMENTS CITY COUNCIL VISION STATEMENT Page 3 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." E. RECESS — Closed Session to Recess to the Regular City Council Meeting at 7:00 P.M. in the Council Chambers at City Hall, 10500 Civic Center Drive, Rancho Cucamonga, California. CITY COUNCIL VISION STATEMENT Page 4 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." REGULAR MEETING - 7:00 P.M. COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Michael Mayor Pro Tern Kennedy Council Members Hutchison, Scott, and Spagnolo A. AMENDMENTS TO THE AGENDA B. ANNOUNCEMENT / PRESENTATIONS B1. Presentation of Silver Certification with the LEED (Leadership in Energy and Environmental --- Design) for Cities Program for Implementing Sustainable Strategies. C. PUBLIC COMMUNICATIONS Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority. This is the time and place for the general public to address the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council from addressing any issue not previously included on the Agenda. The Fire Protection District, Housing Successor Agency, Successor Agency, Public Financing Authority Board, and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Mayor, depending upon the number of individuals desiring to speak.All communications are to be addressed directly to the Fire Board, Agencies, Successor Agency, Authority Board, or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon without discussion unless an item is removed by Council Member for discussion. Members of the City Council also sit as the Fire Board, Housing Successor Agency, Successor Agency, and Public Finance Authority and may act on the consent calendar for those bodies as part of a single motion with the City Council consent calendar. CITY COUNCIL VISION STATEMENT Page 5 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." D. CONSENT CALENDAR - D1. Consideration of Meeting Minutes for the Regular Meetings of January 20, 2021. 9 D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of 14 $1 ,948,981.83 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of$4,363,552.26 Dated January 11, 2021 Through January 24, 2021. (CITY/FIRE) D3. Consideration to Adopt a Resolution Approving the Third Amended and Restated 23 Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. (RESOLUTION NO. FD 2021-002) (FIRE) D4. Consideration to Adopt a Resolution to Add Victorville Fire Department as Party to the 47 Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. (RESOLUTION NO. FD 2021-003) (FIRE) D5. Consideration of the Purchase of One (1) Rosenbauer Commander Custom Heavy Rescue 217 Unit from Rosenbauer Minnesota LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the Orange County Fire Authority, RFP JA2440, in the Amount of$947,449. (FIRE) D6. Consideration to Accept Grant Revenue in the Amount of $27,122 Awarded by the 219 Department of Homeland Security for the 2019 Homeland Security Grant Program; and Authorization to Appropriate $27,122 for Approved Grant Expenses. (CITY/FIRE) D7. Consideration of a Resolution Accepting the AB 1600 Development Impact Fee Annual 221 Report for the Fiscal Year Ended June 30, 2020, and Making Findings as Required by California Government Code Section 66001. (RESOLUTION NO. 2021-002) (CITY) D8. Consideration to Award a Contract to Elecnor Belco Electric, Inc., in the Amount of$209,074, 236 plus a 10% Contingency for the Fiscal Year 2020/21 Traffic Signal Modifications Project. (CITY) D9. Consideration of Amendment No. 01 to the Agreement with Henkels & McCoy, Inc. (CO#19-241 148) in the amount of $249,611, plus a 5% Contingency for the Comar Inc. Power Upgrade Project and Authorization of an Appropriation in the Amount of$262,091. (CITY) D10. Consideration of Amendment No. 02 to the Agreement with Pacific Utility Installation Inc. 243 (CO#19-085) in the Amount of$60,975, plus a 5% Contingency for the Fire Station 3 - SCE Exit to RCMU Project and Authorization of an Appropriation in the Amount of $6,525. (CITY/FIRE) D11. Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho 245 Cucamonga and Core5 Industrial Partners, LLC for Property Commonly Known as APN CITY COUNCIL VISION STATEMENT Page 6 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." 0229-021-97-0000 Generally Located at the North East Corner of Arrow Route and Rochester Avenue. (CITY) D12. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street 253 Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC2016-00593, Located on the Southwest Corner of Haven Avenue and Church Street. (RESOLUTION NO. 2021- 003), (RESOLUTION NO. 2021-004), (RESOLUTION NO. 2021-005) (CITY) D13. Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street 271 Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2020-04723, Located at 5789 Cabrosa Place. (RESOLUTION NO. 2021-006), (RESOLUTION NO. 2021-007), (RESOLUTION NO. 2021-008) (CITY) D14. Consideration of Amendment No. 001 to the Professional Services Agreement with Accela, 290 Inc. for Laserfiche Integration Services. (CITY) E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION F. ADMINISTRATIVE HEARING ITEM(S) G. ADVERTISED PUBLIC HEARINGS ITEM(S) - CITY/FIRE DISTRICT H. CITY MANAGER'S STAFF REPORT(S) H1. Presentation of an Update to the City Council on the Construction of the Southwest --- Cucamonga Trail Project (Verbal Report). I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) 12. INTERAGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) J. CITY ATTORNEY ITEMS: K. IDENTIFICATION OF ITEMS FOR NEXT MEETING CITY COUNCIL VISION STATEMENT Page 7 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." L. ADJOURNMENT Adjournment in honor of Luis Gonzales, longtime Northtown Board Member. CERTIFICATION I, Linda A. Troyan, MMC, City Clerk Services Director of the City of Rancho Cucamonga, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on at least Seventy-Two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive, Rancho Cucamonga, California and on the City's website. LINDA A. TROYAN, MMC CITY CLERK SERVICES DIRECTOR If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909)477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. CITY COUNCIL VISION STATEMENT Page 8 "Our Vision is to build on our success as a world class community, to create an equitable, sustainable, and vibrant city, rich in opportunity for all to thrive." ,'W - � VL G V & N Vl�O LEED- '�. ! P - �� - ,ice •ice t ��` � � � � a SILV ti All dYy NIA �/ 2020 � i411 p ��y�, �F vt City of Rancho Cucamonga, CA . LEED v4.1 for Cities February 3, 2021 �r CITY OF RANCHO CUCAMONGA � �r CITY OF RANCHO CUCAMONGA �Yy x • �. a ��', �„��. __ 40 NALABLE - CITY OF RANCHO CUCAMONGA r USGBC President, Mahesh Ramanujam r r CITY OF RANCHO CUCAMONGA Alf red Arguello, Bank of America USGBC Supporter CITY OF RANCHO CUCAMONGA r CITY OF RANCHO CUCAMONGA , CALIFORNIA United States HAS FULFILLED TFIE REQUIREMENTS DF LEED CERTfIC4TION ESTABLISHED BY THE US.GREEN BUILDING COUNCIL AND VERIFIED BYGREEM BUSINESS CRTIFICAT'i Li LEER v4.1 CITIES AND COMMUNITIES: EXISTINi, December 2020 4'� i f HAHESRR,IMAMUJAM,PRESIDENT&CEQ,LP.S-GRFEMBLHLDING COUNCIL, PRESIDF}aT8 CEO,GREEN BIJ9NESSCERTIFiG4T10N INC- ■ CITY OF RANCHO CUCAMONGA January 20, 2021 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, HOUSING SUCCESSOR AGENCY, SUCCESSOR AGENCY, PUBLIC FINANCE AUTHORITY AND CITY COUNCIL REGULAR MEETINGS MINUTES 4:30 p.m. - CLOSED SESSION CALL TO ORDER - TRI-COMMUNITIES CONFERENCE ROOM The City of Rancho Cucamonga City Council held a closed session on Wednesday, January 20, 2021, in the Tri- Communities Conference Room at the Civic Center, 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 5:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney; Lori Sassoon, Deputy City Manager/Administrative Services; Elisa Cox, Deputy City Manager/Cultural & Civic Services and Matt Burris, Deputy City Manager/Economic and Community Development. A. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) B. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No public communications were made. C. CITY MANAGER ANNOUNCEMENTS No discussion or actions were taken. D. CONDUCT OF CLOSED SESSION D1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1)OF SUBDIVISION (D)OF SECTION 54956.9; NAME OF CASE: AWI BUILDERS, INC V. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN BERNARDINO COUNTY SUPERIOR COURT, CASE NO. CIVDS 1928697 D2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9; NAME OF CASE: CITY OF RANCHO CUCAMONGA V. DR LANDMARK, INC.; POWER MEDIC TECHNOLOGIES, INC.; HOFER PROPERTIES, LLC; AND DOES 1 THROUGH 5 INCLUSIVE, SBSC CASE NO.: CIVDS 1904713 — CITY D3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY: (1) REAL PROPERTY OWNED BY THM ENTERPRISES, LLC AND LOCATED AT 12449 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 031 41. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY D4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 REGARDING THE FOLLOWING REAL PROPERTY:(1) REAL PROPERTY OWNED BY WALMART REAL ESTATE BUSINESS TRUST AND LOCATED AT 12549 FOOTHILL BOULEVARD IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 022903238 & 44. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 1 of 5 Page 9 REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY D5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT 8810 ETIWANDA AVENUE, FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229 131 07; NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND WILLIAM A. JONES AND JOAN F. JONES, TRUSTEES OF THE JONES FAMILY TRUST OF 2010, AS TO AN UNDIVIDED 2/3 INTEREST; ROBERT BRUCE STANFORD, A WIDOWER (AN INDIVIDUAL) & WILLIAM R. RUSHING, AS SUCCESSOR TRUSTEE OF THE STRACK FAMILY TRUST, DATED MARCH 13, 2014, AS TO THE REMAINDER, OWNERS; REGARDING PRICE AND TERMS CITY D6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 8583 ETIWANDA AVENUE, RANCHO CUCAMONGA, CA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBER 0229-141-13. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY D7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12977-12993 ARROW ROUTE IN THE CITY OF RANCHO CUCAMONGA AND FURTHER IDENTIFIED AS SAN BERNARDINO COUNTY TAX ASSESSOR'S PARCEL NUMBERS 0229-141-04 & 12. NEGOTIATING PARTIES, JOHN GILLISON, CITY MANAGER, REPRESENTING THE CITY OF RANCHO CUCAMONGA, AND PATTI FEIST, OVERLAND, PACIFIC AND CUTLER, ON BEHALF OF THE CITY OF RANCHO CUCAMONGA, REGARDING INSTRUCTIONS TO NEGOTIATORS CONCERNING PRICE. NEGOTIATING PARTIES MAY NEGOTIATE WITH THE PROPERTY OWNERS SET FORTH ABOVE. —CITY D8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY: APN 0207-541-60-0000/2.25 ACRES; APN 0207-252-93- 0000/2.0 ACRES; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER, ELISA COX, DEPUTY CITY MANAGER, FLAVIO NUNEZ, MANAGEMENT ANALYST II, REPRESENTING THE CITY OF RANCHO CUCAMONGA AND AEGIS ASSET BACKED SECURITIES LLC, BROKER; REGARDING THE PURCHASE, SALE, EXCHANGE, O R LEASE OF REAL PROPERTY BY OR FOR THE CITY. — CITY D9. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF CIVIC CENTER DRIVE AND HAVEN AVENUE IDENTIFIED AS PARCEL NUMBER 0208331400000; AND 0208331470000; NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND MATT BURRIS, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND CHRIS HYUN, LEFTBANKART REGARDING PRICE AND TERMS. —CITY D10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LOCATED AT: 7089 ETIWANDA AVE. (APN 0227- 121-56); HAVEN AVE. (APN:0208-331-47); HAVEN AVE. (APN:0208-331-40); 8340 UTICA AVE. (APN:0208-353-06); 9612 SAN BERNARDINO ROAD (APN:0208-131-83); 9547 SAN BERNARDINO ROAD (APN:0208-151-07); 9561 SAN BERNARDINO ROAD (APN: 0208-151-17); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND LORI SASSOON, DEPUTY CITY MANAGER REPRESENTING THE CITY OF RANCHO CUCAMONGA; AND VOLUNTEERS OF AMERICA OF LOS ANGELES (VOALA), REGARDING PRICE AND TERMS. — CITY/FIRE E. RECESS The closed session recessed at 6:50 p.m. January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 2 of 5 Page 10 REGULAR MEETING - 7:00 p.m. CALL TO ORDER - COUNCIL CHAMBERS The regular meetings of the Rancho Cucamonga Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and the City of Rancho Cucamonga City Council were held on January 20, 2021 in the Council Chambers at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor Michael called the meeting to order at 7:00 p.m. Present were Council Members: Ryan Hutchison, Kristine Scott, Sam Spagnolo, Mayor Pro Tern Lynne Kennedy and Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; James L. Markman, City Attorney and Linda Troyan, MMC, City Clerk Services Director. Council Member Scott led the Pledge of Allegiance. Responding to the spread of the Coronavirus (COVID-19), and social distancing requirements, City Manager Gillison announced that due to recent changes in the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of Rancho Cucamonga residents by limiting contact that could spread the COVID-19 virus, there will be no members of the public in attendance at the City Council/Fire District Meetings and in place of in person attendance, members of the public are encouraged to watch from the safety of their homes live from the City's website or on RCTV-3. He stated members of the public wishing to speak during public communication, or on a public hearing item will need to dial in to (909)774-2751 to be added to the queue for comment. Additional information on the Coronavirus pandemic and City resources and updates can be found at www.citvofrc.us/coronavirus. A. AMENDMENTS TO THE AGENDA None. B. ANNOUNCEMENTS/PRESENTATIONS B1. Proclamation Declaring January 2021 as "National Mentoring Month". Mayor Michael announced that due to COVID-19 and social distancing requirements, the Proclamation would be presented virtually to Big Brothers, Big Sisters of San Bernardino County, who were watching the presentation from the safety of their homes via RCTV-3. Mayor Michael and Members of the City Council presented the Proclamation declaring the month of January 2021 as "National Mentoring Month". B2. Presentation of Rancho Cucamonga's 2020 Safest Cities Ranking. Annette Mumolo, Community Affairs Senior Coordinator and Police Chief Donny Mahoney, Rancho Cucamonga Police Department, provided a PowerPoint presentation on a study released by WalletHub, Safest Cities in America, which ranked the City of Rancho Cucamonga number 63 in the US out of 182 cities, 101h in California, 7th in Southern California and number 1 in the Inland Empire. Mayor Michael thanked the Rancho Cucamonga Police Department and the Rancho Cucamonga Fire Protection District for the City of Rancho Cucamonga's ranking as the safest city in the Inland Empire. City Manager Gillison noted that the City of Rancho Cucamonga is fortunate to have great leadership in the Sherriff's Department and commended San Bernardino County Sherriff Department Chief, John McMahon for his leadership and keeping the City of Rancho Cucamonga at the forefront in safety. January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 3 of 5 Page 11 B3. Introduction of New K9 Bloodhound, Singe and honoring the retirement of K9 Bloodhound, Dare. Mayor Michael and Members of the City Council along with Donny Mahoney, Chief of Police, Rancho Cucamonga Police Department introduced Gabriel Jasso, RCPD Deputy/ K9 handler and new K9 Bloodhound Singe to the community. A PowerPoint presentation announcing the retirement of K9 Bloodhound Dare was shared showcasing career highlights of her tenure with the Rancho Cucamonga Police Department. Mayor Pro Tern Kennedy thanked the Rancho Cucamonga Police Department and asked if there was a staffing level for K9 Deputies. Police Chief Mahoney stated that the Rancho Cucamonga Police Department strives to maintain a minimum of two (2) K9 Bloodhound deputies. Mayor Michael and Members of the City Council thanked K9 Dare for her years of service and wished her a happy retirement. C. PUBLIC COMMUNICATIONS Mayor Michael announced,due to COVID-19 and social distancing requirements,the Public Communications portion of the meeting will be conducted telephonically. Via phone call, Janet Walton, offered a prayer. D. CONSENT CALENDAR D1. Consideration of Meeting Minutes for the Regular and Special Meetings of January 6, 2021. D2. Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of$1,610,985.73 and City and Fire District Weekly Check Registers(Excluding Checks Issued to Southern California Gas Company) in the Total Amount of$8,765.372.66 Dated December 21, 2020 Through January 10, 2021 and City and Fire District Electronic Debit Registers for the Month of December in the Total Amount of$1,452,825.14. (CITY/FIRE) D3. Consideration to Approve City and Fire District Weekly Check Registers for Checks Issued to Southern California Gas Company in the Total Amount of $22,941.28 Dated December 21, 2020 Through January 10, 2021. (CITY/FIRE) D4. Consideration to Receive and File Current Investment Schedules as of December 31, 2020 for the City of Rancho Cucamonga and the Rancho Cucamonga Fire Protection District(CITY/FIRE). D5. Consideration of a Resolution Modifying Paying and Reporting the Value of Employer Paid Member Contributions to CALPERS for Fire District Bargaining Groups. (RESOLUTION NO. FD2021-001). (FIRE) D6. Consideration to Accept Public Improvements Related to the Development of Tract 20073(Case No.'s ROW2018-00135 and ROW2018-00137) Located South of 6th Street and East of Cleveland Avenue in the Empire Lakes Specific Plan Area 1, File a Notice of Completion, and Authorize Release of Bonds. (CITY) D7. Consideration to Accept the LMD-4 Fence Replacement Project as Complete, File a Notice of Completion, and Authorize Release of Retention and Bonds. (CITY) D8. Consideration to Accept as Complete, File the Notice of Completion, and Authorize Release of Retention and Bonds for the Almond Trail Slope Repair Project. (CITY) January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 4 of 5 Page 12 D9. Consideration to Accept as Complete, File the Notice of Completion and Authorize Release of Retention and Bonds for the Fiscal Year 2019/20 Major Arterial Pavement Rehabilitation at Highland Avenue and Hermosa Avenue Project. (CITY) D10. Consideration of the Purchase of One (1) Standard Cab Stake Bed Dump Truck in the Amount of $58,190.79. (CITY) D11. Consideration to Approve the In-Use Off-Road Diesel Fueled Fleet Management Plan. (CITY) D12. Consideration to Adopt the 2021 Legislative Platform. (CITY) D13. Receive and File an Update on Rancho Cucamonga's Sports Field Utilization. (CITY) MOTION: Moved by Council Member Spagnolo, seconded by Council Member Hutchison, to approve Consent Calendar Items D1 through D13, with Council Member Scott abstaining on item D3, due to her employment with Southern California Gas Company. Motion carried, 5-0. E. CONSENT CALENDAR ORDINANCE(S) - SECOND READING/ADOPTION None. F. ADMINISTRATIVE HEARING ITEM(S) None. G. ADVERTISED PUBLIC HEARING ITEM(S) - CITY/FIRE DISTRICT None. H. CITY MANAGERS STAFF REPORT(S) None. I. COUNCIL BUSINESS 11. COUNCIL ANNOUNCEMENTS None. 12. INTER-AGENCY UPDATES None. J. CITY ATTORNEY ITEMS None. K. IDENTIFICATION OF ITEMS FOR NEXT MEETING L. ADJOURNMENT Mayor Michael adjourned the City Council Meeting at 7:50 p.m. Respectfully submitted, Linda A. Troyan, MMC City Clerk Services Director Approved: January 20, 2021 1 Fire Protection District, Housing Successor Agency, Successor Agency, Public Finance Authority and City Council Regular Meetings Minutes City of Rancho Cucamonga I Page 5 of 5 Page 13 ti NONRR � a CITY OF RANCHO CUCAMONGA m �l DATE: February 3, 2021 TO: Mayor and Members of the City Council Board of Directors Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Oatman, Finance Director Veronica Lopez, Accounts Payable Supervisor SUBJECT: Consideration to Approve City and Fire District Bi-Weekly Payroll in the Total Amount of $1,948,981.83 and City and Fire District Weekly Check Registers (No Checks Issued to Southern California Gas Company) in the Total Amount of $4,363,552.26 Dated January 11, 2021 Through January 24, 2021. (CITY/FIRE) RECOMMENDATION: Staff recommends City Council approve payment of demands as presented. Bi-weekly payroll is $1,051,864.22 and $897,117.61 for the City and the Fire District, respectively. Weekly check register amounts are $3,262,544.58 and $1,101,007.68 for the City and the Fire District, respectively. BACKGROUND: N/A ANALYSIS: N/A FISCAL IMPACT: Adequate budgeted funds are available for the payment of demands per the attached listing. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: N/A ATTACHMENTS: Attachment 1 - Weekly Check Register Page 14 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Cu Fire Amount AP 00011848 01/13/2021 ABSOLUTE SECURITY INTERNATIONAL INC 13,149.17 0.00 13,149.17 AP 00011849 01/13/2021 CALIF GOVERNMENT VEBA/RANCHO CUCAMONGA 23,730.63 0.00 23,730.63 AP 00011850 01/13/2021 ELECNOR BELCO ELECTRIC INC 62,422.44 22,988.89 85,411.33 *** AP 00011851 01/13/2021 RC CONSTRUCTION SERVICES INC 377,378.38 643,717.43 1,021,095.81 *** AP 00011852 01/13/2021 RCCEA 1,773.75 0.00 1,773.75 AP 00011853 01/13/2021 RCPFA 12,599.29 0.00 12,599.29 AP 00011854 01/13/2021 SAN BERNARDINO COUNTY 121.00 0.00 121.00 AP 00011855 01/13/2021 SHELL ENERGY NORTH AMERICA 279,449.48 0.00 279,449.48 AP 00011856 01/13/2021 U S DEPARTMENT OF ENERGY 7,854.07 0.00 7,854.07 AP 00011857 01/14/2021 AIRGAS USA LLC 821.91 359.00 1,180.91 *** AP 00011858 01/14/2021 BSN SPORTS LLC 1,129.21 0.00 1,129.21 AP 00011859 01/14/2021 CARQUEST AUTO PARTS 236.00 0.00 236.00 AP 00011860 01/14/2021 DIAMOND ENVIRONMENTAL SERVICES 902.65 0.00 902.65 AP 00011861 01/14/2021 DUNN EDWARDS CORPORATION 139.03 0.00 139.03 AP 00011862 01/14/2021 EMCOR SERVICES 19,480.50 10,382.00 29,862.50 *** AP 00011863 01/14/2021 KME FIRE APPARATUS 0.00 1,089.17 1,089.17 AP 00011864 01/14/2021 LN CURTIS AND SONS 0.00 2,202.76 2,202.76 AP 00011865 01/14/2021 MCFADDEN DALE HARDWARE 108.18 0.00 108.18 AP 00011866 01/14/2021 MINUTEMAN PRESS 4,476.36 0.00 4,476.36 AP 00011867 01/14/2021 OFFICE DEPOT 2,422.84 0.00 2,422.84 AP 00011868 01/14/2021 SAFETY KLEEN SYSTEMS INC 377.13 0.00 377.13 AP 00011869 01/14/2021 SIEMENS MOBILITY INC 10,443.00 0.00 10,443.00 AP 00011870 01/14/2021 SITEONE LANDSCAPE SUPPLY LLC 1,923.29 0.00 1,923.29 AP 00011871 01/14/2021 SOUTHERN CALIFORNIA NEWS GROUP 13,119.76 0.00 13,119.76 AP 00011872 01/14/2021 THOMPSON PLUMBING SUPPLY INC 805.05 0.00 805.05 AP 00011873 01/20/2021 ABSOLUTE SECURITY INTERNATIONAL INC 3,402.36 0.00 3,402.36 AP 00011874 01/20/2021 AIR EXCHANGE INC 0.00 1,220.09 1,220.09 AP 00011875 01/20/2021 CONFIRE JPA 0.00 183,799.25 183,799.25 AP 00011876 01/20/2021 RE ASTORIA 2 LLC 55,758.68 0.00 55,758.68 AP 00011877 01/20/2021 RICHARDS WATSON AND GERSHON 63,045.98 10,491.74 73,537.72 *** AP 00011878 01/20/2021 RIVERSIDE,CITY OF 6,909.00 0.00 6,909.00 AP 00011879 01/20/2021 RODRIGUEZ,EUGENIO 101.24 0.00 101.24 AP 00415049 01/13/2021 AAA ELECTRIC MOTOR SALES 2,381.62 0.00 2,381.62 AP 00415050 01/13/2021 ABLE BUILDING MAINTENANCE 1,660.60 0.00 1,660.60 AP 00415051 01/13/2021 AFLAC GROUP INSURANCE 24.58 0.00 24.58 AP 00415052 01/13/2021 ALPHAGRAPHICS 830.75 0.00 830.75 AP 00415053 01/13/2021 ARCHITERRA DESIGN GROUP 775.00 0.00 775.00 AP 00415054 01/13/2021 ARROW TRAILER SUPPLIES INC 21.01 0.00 21.01 AP 00415055 01/13/2021 ASSI SECURITY 525.00 0.00 525.00 AP 00415056 01/13/2021 BAKER&TAYLOR LLC 272.05 0.00 272.05 AP 00415057 01/13/2021 BENEFIT FINANCIAL SERVICES GROUP 9,375.00 0.00 9,375.00 AP 00415058 01/13/2021 BOULDER CREEK K-9 WEST 5,000.00 0.00 5,000.00 AP 00415059 01/13/2021 C P CONSTRUCTION INC 319,452.70 0.00 319,452.70 AP 00415060 01/13/2021 C T&T CONCRETE PAVING INC 1,533.75 0.00 1,533.75 AP 00415061 01/13/2021 C V W D 837.52 0.00 837.52 AP 00415070 01/13/2021 C V W D 109,881.33 423.64 110,304.97 *** AP 00415071 01/13/2021 CACCIOLA,VIVIAN EMAD FARES 40.00 0.00 40.00 User: VLOPEZ-VERONICA LOPEZ Page: 1 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page ifme: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name City Fire Amount AP 00415072 01/13/2021 CALIF DEPT OF TAX&FEE ADMINISTRATION 774.08 372.34 1,146.42 *** AP 00415073 01/13/2021 CALIFORNIA BUILDING STANDARDS COMMISSION 1,098.00 0.00 1,098.00 AP 00415074 01/13/2021 CALIFORNIA MUNICIPAL UTILITIES ASSOC 4,584.70 0.00 4,584.70 AP 00415075 01/13/2021 CALIFORNIA,STATE OF 127.52 0.00 127.52 AP 00415076 01/13/2021 CALIFORNIA,STATE OF 314.11 0.00 314.11 AP 00415077 01/13/2021 CALIFORNIA,STATE OF 32.26 0.00 32.26 AP 00415078 01/13/2021 CALIFORNIA,STATE OF 342.73 0.00 342.73 AP 00415079 01/13/2021 CAMBRIDGE SEVEN ASSOCIATES INC 37,608.64 0.00 37,608.64 AP 00415080 01/13/2021 CHAMPION TAE KWON DO 12.76 0.00 12.76 AP 00415081 01/13/2021 CINTAS CORPORATION #150 3,223.60 921.59 4,145.19 *** AP 00415082 01/13/2021 CLAIREMONT EQUIPMENT COMPANY 4,528.38 0.00 4,528.38 AP 00415083 01/13/2021 CONOR CONSULTING LLC 225.00 0.00 225.00 AP 00415084 01/13/2021 CONVERGEONE INC 6,251.00 0.00 6,251.00 AP 00415085 01/13/2021 CORE STRENGTHS INC 5,000.00 0.00 5,000.00 AP 00415086 01/13/2021 CROW REVOCABLE TRUST,AMY LYNN 55.00 0.00 55.00 AP 00415087 01/13/2021 CROWN POINTE INVESTIGATIONS LLC 0.00 10,258.75 10,258.75 AP 00415088 01/13/2021 CUMMINS SALES&SERVICE 0.00 52.01 52.01 AP 00415089 01/13/2021 DEKRA-LITE 2,157.05 0.00 2,157.05 AP 00415090 01/13/2021 DEPARTMENT OF CONSERVATION 5,126.39 0.00 5,126.39 AP 00415091 01/13/2021 DEPENDABLE COMPANY INC 51.75 0.00 51.75 AP 00415092 01/13/2021 DIRECTV 84.54 0.00 84.54 AP 00415093 01/13/2021 DIRECTV 69.99 0.00 69.99 AP 00415094 01/13/2021 DIVISION OF THE STATE ARCHITECT 1,026.90 0.00 1,026.90 AP 00415095 01/13/2021 ERICKSON-HALL CONSTRUCTION CO 0.00 62,270.00 62,270.00 AP 00415096 01/13/2021 FACTORY MOTOR PARTS 0.00 725.01 725.01 AP 00415097 01/13/2021 FEDERAL EXPRESS CORP 35.12 0.00 35.12 AP 00415098 01/13/2021 FEDERAL EXPRESS CORP 68.55 0.00 68.55 AP 00415099 01/13/2021 FERRER,GABE 0.00 400.00 400.00 AP 00415100 01/13/2021 FREEDOM FOREVER LLC 153.08 0.00 153.08 AP 00415101 01/13/2021 G&M BUSINESS INTERIORS 544.30 0.00 544.30 AP 00415102 01/13/2021 GARCIA,MELINDA 81.21 0.00 81.21 AP 00415103 01/13/2021 GARNICA,CHRISTIAN 309.35 0.00 309.35 AP 00415104 01/13/2021 GRAINGER 68.73 98.42 167.15 *** AP 00415105 01/13/2021 HERITAGE EDUCATION GROUP 1,022.00 0.00 1,022.00 AP 00415106 01/13/2021 HODNICK,CHRISTOPHER 15.00 0.00 15.00 AP 00415107 01/13/2021 HOME DEPOT CREDIT SERVICES 232.48 0.00 232.48 AP 00415108 01/13/2021 HOYT LUMBER CO,S M 0.00 64.71 64.71 AP 00415109 01/13/2021 INDERWEISCHE,MATT 82.72 0.00 82.72 AP 00415110 01/13/2021 INLAND DESERT SECURITY&COMMUNICATIONS INC 54.00 0.00 54.00 AP 00415111 01/13/2021 ITRON INC 7,486.26 0.00 7,486.26 AP 00415112 01/13/2021 LIFE-ASSIST INC 0.00 5,521.55 5,521.55 AP 00415113 01/13/2021 M J ROOFING 481.24 0.00 481.24 AP 00415114 01/13/2021 MAIN STREET SIGNS 581.74 0.00 581.74 AP 00415115 01/13/2021 MARIPOSA LANDSCAPES INC 901.67 0.00 901.67 AP 00415116 01/13/2021 MARLINK SA INC 0.00 162.00 162.00 AP 00415117 01/13/2021 MARTINEZ,ERIK 129.40 0.00 129.40 AP 00415118 01/13/2021 MCI 70.56 0.00 70.56 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Nme: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Cu Fire Amount AP 00415119 01/13/2021 MCMASTER-CARR SUPPLY COMPANY 12.24 0.00 12.24 AP 00415120 01/13/2021 MIDWEST TAPE 1,419.06 0.00 1,419.06 AP 00415121 01/13/2021 MIJAC ALARM COMPANY 1,299.00 2,718.00 4,017.00 *** AP 00415122 01/13/2021 MIP BROS 71.02 0.00 71.02 AP 00415123 01/13/2021 MUNWE,ADRIAN 162.73 0.00 162.73 AP 00415124 01/13/2021 MYERS TIRE SUPPLY COMPANY 0.00 222.47 222.47 AP 00415125 01/13/2021 NAPA AUTO PARTS 0.00 626.18 626.18 AP 00415127 01/13/2021 NORSTAR PLUMBING AND ENGINEERING INC 3,772.50 0.00 3,772.50 AP 00415128 01/13/2021 OIEN DESIGNS,BRIAN W 0.00 2,000.00 2,000.00 AP 00415129 01/13/2021 ONTRAC 202.21 0.00 202.21 AP 00415130 01/13/2021 ONWARD ENGINEERING 16,940.00 0.00 16,940.00 AP 00415131 01/13/2021 ORKIN PEST CONTROL 222.02 776.99 999.01 *** AP 00415132 01/13/2021 PACIFIC PRODUCTS AND SERVICES 1,276.84 0.00 1,276.84 AP 00415133 01/13/2021 PACIFIC WESTERN BANK 19,862.02 36,886.61 56,748.63 *** AP 00415134 01/13/2021 PATTON SALES CORP 49.24 0.00 49.24 AP 00415135 01/13/2021 PEP BOYS 161.57 0.00 161.57 AP 00415136 01/13/2021 PFM ASSET MANAGEMENT LLC 10,876.31 728.24 11,604.55 *** AP 00415137 01/13/2021 PH&S PRODUCTS LLC 0.00 2,312.00 2,312.00 AP 00415138 01/13/2021 PINNACLE PETROLEUM INC 37,308.64 0.00 37,308.64 AP 00415139 01/13/2021 PRE-PAID LEGAL SERVICES INC 60.17 0.00 60.17 AP 00415140 01/13/2021 QUADIENT INC 1,018.91 0.00 1,018.91 AP 00415141 01/13/2021 RAMIREZ,CHRIS 163.94 0.00 163.94 AP 00415142 01/13/2021 RBM LOCK AND KEY SERVICE 68.96 0.00 68.96 AP 00415143 01/13/2021 RDO EQUIPMENT COMPANY 765.64 0.00 765.64 AP 00415144 01/13/2021 RISEMBERG,ERIK 59.77 0.00 59.77 AP 00415145 01/13/2021 RIVERA,ROBERT 27.34 0.00 27.34 AP 00415146 01/13/2021 RJ THOMAS MFG COMPANY INC 2,624.34 0.00 2,624.34 AP 00415147 01/13/2021 SAFE-ENTRY TECHNICAL INC 0.00 1,050.00 1,050.00 AP 00415148 01/13/2021 SAN BERNARDINO CO FIRE DEPT 62,064.78 0.00 62,064.78 AP 00415149 01/13/2021 SAN BERNARDINO COUNTY 0.00 12,289.88 12,289.88 AP 00415150 01/13/2021 SBPEA 2,422.18 0.00 2,422.18 AP 00415151 01/13/2021 SCL 0.00 79.19 79.19 AP 00415152 01/13/2021 SHERIFFS COURT SERVICES 100.00 0.00 100.00 AP 00415153 01/13/2021 SHRED PROS 58.00 63.00 121.00 *** AP 00415154 01/13/2021 SILVER&WRIGHT LLP 0.00 2,601.50 2,601.50 AP 00415155 01/13/2021 SOCIAL VOCATIONAL SERVICES 1,979.00 0.00 1,979.00 AP 00415156 01/13/2021 SOLARWINDS INC 1,200.00 0.00 1,200.00 AP 00415162 01/13/2021 SOUTHERN CALIFORNIA EDISON 36,379.83 2,079.03 38,458.86 *** AP 00415163 01/13/2021 SOUTHERN CALIFORNIA EDISON 40.05 0.00 40.05 AP 00415164 01/13/2021 SRPS LLC 51.22 0.00 51.22 AP 00415165 01/13/2021 SUNLUX 65.47 0.00 65.47 AP 00415166 01/13/2021 SUNPOWER CORPORATION SYSTEMS 389.07 0.00 389.07 AP 00415167 01/13/2021 TECH RESCUE TRAINERS INC 0.00 1,062.89 1,062.89 AP 00415168 01/13/2021 THOMPSON BUILDING MATERIALS 673.39 0.00 673.39 AP 00415169 01/13/2021 TIANA SANCHEZ INTERNATIONAL LLC 5,497.95 0.00 5,497.95 AP 00415170 01/13/2021 TIREHUB LLC 1,847.66 0.00 1,847.66 AP 00415171 01/13/2021 TRANSOFT SOLUTIONS INC 3,557.76 0.00 3,557.76 User: VLOPEZ-VERONICA LOPEZ Page: 3 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page flme: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415172 01/13/2021 TRANSWEST TRUCK CENTER 0.00 374.42 374.42 AP 00415173 01/13/2021 TRIDEN GROUP CORP 2,250.00 0.00 2,250.00 AP 00415174 01/13/2021 U S LEGAL SUPPORT INC 213.29 0.00 213.29 AP 00415175 01/13/2021 UNIFIRE 0.00 95.51 95.51 AP 00415176 01/13/2021 UNITED WAY 50.00 0.00 50.00 AP 00415177 01/13/2021 UNIVERSAL FLEET SUPPLY 0.00 75.91 75.91 AP 00415178 01/13/2021 UPS 126.00 0.00 126.00 AP 00415179 01/13/2021 VAN SCOYOC ASSOCIATES INC 4,000.00 0.00 4,000.00 AP 00415180 01/13/2021 VCA CALIFORNIA VETERINARY SPECIALISTS 1,163.84 0.00 1,163.84 AP 00415181 01/13/2021 VCA CENTRAL ANIMAL HOSPITAL 255.39 0.00 255.39 AP 00415182 01/13/2021 VEGA,DANIEL 65.55 0.00 65.55 AP 00415183 01/13/2021 VERIZON WIRELESS-LA 795.15 0.00 795.15 AP 00415184 01/13/2021 VERIZON WIRELESS-LA 486.48 0.00 486.48 AP 00415185 01/13/2021 VERIZON WIRELESS-LA 0.00 5,471.61 5,471.61 AP 00415186 01/13/2021 VIRTUAL PROJECT MANAGER LLC 500.00 0.00 500.00 AP 00415187 01/13/2021 VISION SERVICE PLAN CA 10,593.80 0.00 10,593.80 AP 00415188 01/13/2021 VOHNE LICHE KENNELS INC 125.00 0.00 125.00 AP 00415189 01/13/2021 VULCAN MATERIALS COMPANY 152.46 0.00 152.46 AP 00415190 01/13/2021 WAXIE SANITARY SUPPLY -25.94 468.84 442.90 *** AP 00415191 01/13/2021 WEST COAST ARBORISTS INC 20,047.00 0.00 20,047.00 AP 00415192 01/13/2021 WEST END YMCA/RANCHO CUCAMONGA 6,377.01 0.00 6,377.01 AP 00415193 01/13/2021 WESTRUX INTERNATIONAL INC 0.00 594.52 594.52 AP 00415194 01/13/2021 WILLDAN FINANCIAL SERVICES 2,900.00 0.00 2,900.00 AP 00415195 01/13/2021 XEROX FINANCIAL SERVICES 298.38 0.00 298.38 AP 00415196 01/13/2021 ZOETIS US LLC 570.84 0.00 570.84 AP 00415197 01/19/2021 ALTA VISTA MOBILE HOME PARK 721.28 0.00 721.28 AP 00415198 01/19/2021 ARTE 2,000.00 0.00 2,000.00 AP 00415199 01/19/2021 AVANA RANCHO CUCAMONGA 3,011.00 0.00 3,011.00 AP 00415200 01/19/2021 DEVINE PROPERTY 6,000.00 0.00 6,000.00 AP 00415201 01/19/2021 FDC MANAGEMENT INC 1,425.00 0.00 1,425.00 AP 00415202 01/19/2021 FIR TERRACE 594.89 0.00 594.89 AP 00415203 01/19/2021 IRONWOOD AT EMPIRE LAKES 1,883.00 0.00 1,883.00 AP 00415204 01/19/2021 JOSEPH DEVIN MARTINEZ 4,000.00 0.00 4,000.00 AP 00415205 01/19/2021 KATHRYN CASEY 2,000.00 0.00 2,000.00 AP 00415206 01/19/2021 KNICKERBOCKER PROPERTIES INC XLVII 5,717.00 0.00 5,717.00 AP 00415207 01/19/2021 LMC 6,000.00 0.00 6,000.00 AP 00415208 01/19/2021 LMC 6,000.00 0.00 6,000.00 AP 00415209 01/19/2021 LMC 1,937.00 0.00 1,937.00 AP 00415210 01/19/2021 LMC 5,950.00 0.00 5,950.00 AP 00415211 01/19/2021 LMC 6,572.00 0.00 6,572.00 AP 00415212 01/19/2021 LMC 1,116.39 0.00 1,116.39 AP 00415213 01/19/2021 PATTON,NEARY 1,525.00 0.00 1,525.00 AP 00415214 01/19/2021 R M PROPERTY MGMT&SERVICE COPR 7,500.00 0.00 7,500.00 AP 00415215 01/19/2021 RANCHO VILLAS APARTMENTS 7,585.00 0.00 7,585.00 AP 00415216 01/19/2021 RDM MANAGEMENT INC 132.58 0.00 132.58 AP 00415217 01/19/2021 SIERRA HEIGHTS 7,394.00 0.00 7,394.00 AP 00415218 01/19/2021 SONORA AT ALTA LOMA 3,277.00 0.00 3,277.00 User: VLOPEZ-VERONICA LOPEZ Page: 4 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page flne: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415219 01/19/2021 SRGMF II DAY CREEK RANCHO LLC 3,830.00 0.00 3,830.00 AP 00415220 01/19/2021 SYCAMORE VILLA 1,496.52 0.00 1,496.52 AP 00415221 01/19/2021 VERANO RANCHO CUCAMONGA TOWN SQUARE 7,576.00 0.00 7,576.00 AP 00415222 01/20/2021 TREA CREEKSIDE ALTA LOMA 1,682.00 0.00 1,682.00 AP 00415223 01/20/2021 TREA CREEKSIDE ALTA LOMA 2,000.00 0.00 2,000.00 AP 00415224 01/20/2021 TREA CREEKSIDE ALTA LOMA 1,890.00 0.00 1,890.00 AP 00415225 01/20/2021 360 DEEP CLEANING LLC 0.00 4,512.50 4,512.50 AP 00415226 01/20/2021 AMERICAN PUBLIC POWER ASSOCIATION 1,269.67 0.00 1,269.67 AP 00415227 01/20/2021 AQUABIO ENVIRONMENTAL TECHNOLOGIES INC 1,450.00 0.00 1,450.00 AP 00415228 01/20/2021 ARCHIBALD PET HOSPITAL 150.00 0.00 150.00 AP 00415229 01/20/2021 AUFBAU CORPORATION 15,290.00 0.00 15,290.00 AP 00415230 01/20/2021 BARBARA'S ANSWERING SERVICE 552.00 0.00 552.00 AP 00415231 01/20/2021 BOOT BARN INC 1,632.58 0.00 1,632.58 AP 00415232 01/20/2021 BRIGHTVIEW LANDSCAPE SERVICES INC 4,207.02 0.00 4,207.02 AP 00415233 01/20/2021 C V W D 49.30 0.00 49.30 AP 00415238 01/20/2021 C V W D 25,294.44 1,173.09 26,467.53 *** AP 00415239 01/20/2021 CAL PERS LONG-TERM CARE PROGRAM 164.48 0.00 164.48 AP 00415240 01/20/2021 CALIFORNIA DEPT OF TAX&FEE ADMINISTRATION 5,896.00 0.00 5,896.00 AP 00415241 01/20/2021 CAMERON-DANIEL PC 732.00 0.00 732.00 AP 00415242 01/20/2021 CASTRO,JONATHAN 206.00 0.00 206.00 AP 00415243 01/20/2021 CASTRO,LINDY 195.80 0.00 195.80 AP 00415244 01/20/2021 CHAMPION AWARDS&SPECIALTIES 143.40 0.00 143.40 AP 00415245 01/20/2021 CHRISTOS,JESSIKA 321.84 0.00 321.84 AP 00415246 01/20/2021 CINTAS CORPORATION #150 0.00 656.31 656.31 AP 00415247 01/20/2021 CLARKE PLUMBING SPECIALTIES INC 3,231.58 0.00 3,231.58 AP 00415248 01/20/2021 CLIMATEC LLC 7,778.00 0.00 7,778.00 AP 00415249 01/20/2021 COLTON JOINT UNIFIED SCHOOL DISTRICT 1,008.00 0.00 1,008.00 AP 00415250 01/20/2021 CONSOLIDATED ELECTRICAL DISTR INC 12,076.20 0.00 12,076.20 AP 00415251 01/20/2021 CORODATA MEDIA STORAGE INC 62.70 0.00 62.70 AP 00415252 01/20/2021 COVETRUS NORTH AMERICA 1,166.03 0.00 1,166.03 AP 00415253 01/20/2021 CRIME SCENE STERI-CLEAN LLC 540.00 0.00 540.00 AP 00415254 01/20/2021 CUMMINS SALES&SERVICE 0.00 59.20 59.20 AP 00415255 01/20/2021 DAISYECO INC 77.00 0.00 77.00 AP 00415256 01/20/2021 DELL MARKETING LP 527,330.32 0.00 527,330.32 AP 00415257 01/20/2021 DELTA DENTAL INSURANCE COMPANY 653.27 0.00 653.27 AP 00415258 01/20/2021 DELTA DENTAL INSURANCE COMPANY 20,406.87 0.00 20,406.87 AP 00415259 01/20/2021 DEPARTMENT OF JUSTICE 352.00 0.00 352.00 AP 00415260 01/20/2021 DIG SAFE BOARD 101.69 0.00 101.69 AP 00415261 01/20/2021 ECORP CONSULTING INC 210.00 0.00 210.00 AP 00415262 01/20/2021 EIGHTH AVENUE ENTERPRISE LLC 84.05 0.00 84.05 AP 00415263 01/20/2021 ESPINOZA,ALBERTO 2,300.00 0.00 2,300.00 AP 00415264 01/20/2021 EXECUTIVE AUTO DETAIL 0.00 160.00 160.00 AP 00415265 01/20/2021 EXPERIAN 52.00 0.00 52.00 AP 00415266 01/20/2021 EXPERIAN 52.00 0.00 52.00 AP 00415267 01/20/2021 FORTIN LAW GROUP 966.00 0.00 966.00 AP 00415269 01/20/2021 FRONTIER COMM 3,142.84 1,067.11 4,209.95 *** AP 00415270 01/20/2021 FUEL SERV 0.00 1,189.05 1,189.05 User: VLOPEZ-VERONICA LOPEZ Page: 5 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wme: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415271 01/20/2021 GATEWAY PET CEMETERY&CREMATORY 320.00 0.00 320.00 AP 00415272 01/20/2021 GEORGE HILLS COMPANY 1,670.48 0.00 1,670.48 AP 00415273 01/20/2021 GOLDEN OAKS VET HOSPITAL 100.00 0.00 100.00 AP 00415274 01/20/2021 GOLDEN STATE RISK MANAGEMENT AUTHORITY 182,044.00 2,464.00 184,508.00 *** AP 00415275 01/20/2021 GONSALVES&SON,JOE A 3,000.00 0.00 3,000.00 AP 00415276 01/20/2021 GRAINGER 944.68 3,593.64 4,538.32 *** AP 00415277 01/20/2021 GRAPHICS FACTORY PRINTING INC 457.94 0.00 457.94 AP 00415278 01/20/2021 GRAYBAR ELECTRIC COMPANY INC 271.79 0.00 271.79 AP 00415279 01/20/2021 HENRY SCHEIN INC 0.00 1,582.15 1,582.15 AP 00415280 01/20/2021 HERITAGE EDUCATION GROUP 1,030.00 0.00 1,030.00 AP 00415281 01/20/2021 HINDERLITER DE LLAMAS&ASSOCIATES 10,173.48 0.00 10,173.48 AP 00415282 01/20/2021 HLP INC 167.30 0.00 167.30 AP 00415283 01/20/2021 HMC ARCHITECTS 0.00 10,258.54 10,258.54 AP 00415284 01/20/2021 HOLLARD,BRANDIE 297.60 0.00 297.60 AP 00415285 01/20/2021 HOYT LUMBER CO,S M 0.00 23.26 23.26 AP 00415286 01/20/2021 HUMANE SOCIETY OF SAN BERNARDINO VALLEY 100.00 0.00 100.00 AP 00415287 01/20/2021 HUNTINGTON HARDWARE CO INC 103.77 0.00 103.77 AP 00415288 01/20/2021 IDEXX DISTRIBUTION INC 1,954.80 0.00 1,954.80 AP 00415289 01/20/2021 INTELESYS 34,190.00 0.00 34,190.00 AP 00415290 01/20/2021 INTERSTATE BATTERIES 1,256.76 778.39 2,035.15 *** AP 00415291 01/20/2021 INTERVET INC 2,567.25 0.00 2,567.25 AP 00415292 01/20/2021 IRONMONGER,TERESA 21.00 0.00 21.00 AP 00415293 01/20/2021 JACOBY IE INC,ERIC 243.34 0.00 243.34 AP 00415294 01/20/2021 JEEP CHRYSLER OF ONTARIO INC 1,095.74 0.00 1,095.74 AP 00415295 01/20/2021 LIEBERT CASSIDY WHITMORE 7,486.00 0.00 7,486.00 AP 00415296 01/20/2021 LIFE-ASSIST INC 0.00 1,450.67 1,450.67 AP 00415297 01/20/2021 LOPEZ,KIMBERLY 126.00 0.00 126.00 AP 00415299 01/20/2021 LOWES COMPANIES INC 5,103.08 447.56 5,550.64 *** AP 00415300 01/20/2021 MAGELLAN ADVISORS LLC 6,000.00 0.00 6,000.00 AP 00415301 01/20/2021 MANCILLA,ELIZABETH 100.00 0.00 100.00 AP 00415302 01/20/2021 MARIPOSA LANDSCAPES INC 27,188.76 2,428.71 29,617.47 *** AP 00415303 01/20/2021 MARKS,CHELSEA 2,437.00 0.00 2,437.00 AP 00415304 01/20/2021 MARRUFO,JOANNA 1,143.35 0.00 1,143.35 AP 00415305 01/20/2021 MARY S ROBERTS SPAY/NEUTER CLINIC 85.00 0.00 85.00 AP 00415306 01/20/2021 MASTERCORP COMMERCIAL SERVICES LLC 2,289.69 0.00 2,289.69 AP 00415307 01/20/2021 MCMASTER-CARR SUPPLY COMPANY 364.90 0.00 364.90 AP 00415308 01/20/2021 MEDINA,MARK 2,300.00 0.00 2,300.00 AP 00415309 01/20/2021 MEDINA,MARK 13.80 0.00 13.80 AP 00415310 01/20/2021 MEDIWASTE DISPOSAL 115.00 0.00 115.00 AP 00415311 01/20/2021 MIJAC ALARM COMPANY 325.00 18.00 343.00 *** AP 00415312 01/20/2021 MONTGOMERY HARDWARE CO 1,222.96 0.00 1,222.96 AP 00415313 01/20/2021 NBS 0.00 1,972.50 1,972.50 AP 00415314 01/20/2021 NEAL,RENA 127.98 0.00 127.98 AP 00415315 01/20/2021 NINYO&MOORE 49,509.98 0.00 49,509.98 AP 00415316 01/20/2021 OCCUPATIONAL HEALTH CTRS OF CA 61.50 2,168.50 2,230.00 *** AP 00415317 01/20/2021 ONLY CREMATIONS FOR PETS INC 340.00 0.00 340.00 AP 00415318 01/20/2021 ONTRAC 33.00 0.00 33.00 User: VLOPEZ-VERONICA LOPEZ Page: 6 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wine: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415319 01/20/2021 ONWARD ENGINEERING 14,520.00 0.00 14,520.00 AP 00415320 01/20/2021 ORKIN PEST CONTROL 536.86 0.00 536.86 AP 00415321 01/20/2021 PAPE GROUP INC,THE 1,973.14 0.00 1,973.14 AP 00415322 01/20/2021 PARKHOUSE TIRE INC 987.88 0.00 987.88 AP 00415323 01/20/2021 PARS 3,500.00 0.00 3,500.00 AP 00415324 01/20/2021 PH&S PRODUCTS LLC 0.00 2,593.50 2,593.50 AP 00415325 01/20/2021 PINNACLE PETROLEUM INC 21,064.32 0.00 21,064.32 AP 00415326 01/20/2021 PMW ASSOCIATES 393.00 0.00 393.00 AP 00415327 01/20/2021 POSTAL PERFECT 150.00 0.00 150.00 AP 00415328 01/20/2021 RAMBAUD,BRET 0.00 295.00 295.00 AP 00415329 01/20/2021 RANCHO SMOG CENTER 119.85 0.00 119.85 AP 00415330 01/20/2021 RBM LOCK AND KEY SERVICE 25.26 0.00 25.26 AP 00415331 01/20/2021 SAN BERNARDINO COUNTY 15,389.54 0.00 15,389.54 AP 00415332 01/20/2021 SAN BERNARDINO COUNTY TRANSPORTATION 170,682.00 0.00 170,682.00 AP 00415333 01/20/2021 SHEAKLEY PENSION ADMINISTRATION 458.90 182.45 641.35 *** AP 00415334 01/20/2021 SILVER&WRIGHT LLP 0.00 1,335.50 1,335.50 AP 00415335 01/20/2021 SOCAL OFFICE TECHNOLOGIES 112.65 11.26 123.91 *** AP 00415336 01/20/2021 SOCAL PPE 0.00 461.17 461.17 AP 00415337 01/20/2021 SOCRATA INC 12,588.00 0.00 12,588.00 AP 00415342 01/20/2021 SOUTHERN CALIFORNIA EDISON 10,508.53 1,343.48 11,852.01 *** AP 00415343 01/20/2021 SOUTHERN CALIFORNIA EDISON 78,503.85 0.00 78,503.85 AP 00415344 01/20/2021 SPECIAL SERVICES GROUP LLC 2,400.00 0.00 2,400.00 AP 00415345 01/20/2021 STOTZ EQUIPMENT 77.87 0.00 77.87 AP 00415346 01/20/2021 SUN BEES GROUPS INC 276.60 0.00 276.60 AP 00415347 01/20/2021 SUTTON,JAQUELINE 22.08 0.00 22.08 AP 00415348 01/20/2021 TESSLER,JULIAN 146.00 0.00 146.00 AP 00415349 01/20/2021 THE COUNSELING TEAM INTERNATIONAL 0.00 750.00 750.00 AP 00415350 01/20/2021 TORO TOWING 1,475.00 0.00 1,475.00 AP 00415351 01/20/2021 TRUTEAM OF CA INC 298.00 0.00 298.00 AP 00415352 01/20/2021 U.S.BANK PARS ACCT#6746022500 1,101.84 0.00 1,101.84 AP 00415353 01/20/2021 U.S.BANK PARS ACCT#6746022500 21,140.10 0.00 21,140.10 AP 00415354 01/20/2021 UNDERGROUND SVC ALERT OF SO CAL 105.70 0.00 105.70 AP 00415355 01/20/2021 UPLAND ANIMAL HOSPITAL 349.28 0.00 349.28 AP 00415356 01/20/2021 UPS 33.00 0.00 33.00 AP 00415357 01/20/2021 US POSTMASTER 1,510.00 0.00 1,510.00 AP 00415358 01/20/2021 VAQUERA,LUIS 150.65 0.00 150.65 AP 00415359 01/20/2021 VARA,SUSAN 60.00 0.00 60.00 AP 00415360 01/20/2021 VERIZON 25.76 0.00 25.76 AP 00415361 01/20/2021 VERIZON WIRELESS-LA 5,440.55 0.00 5,440.55 AP 00415362 01/20/2021 VICTOR MEDICAL COMPANY 3,105.75 0.00 3,105.75 AP 00415363 01/20/2021 VICTORIA ANIMAL HOSPITAL 100.00 0.00 100.00 AP 00415364 01/20/2021 VISION SERVICE PLAN CA 10,547.74 0.00 10,547.74 AP 00415365 01/20/2021 W R GOSS CONSTRUCTION, 12,880.00 0.00 12,880.00 AP 00415366 01/20/2021 WAXIE SANITARY SUPPLY 5,140.21 0.00 5,140.21 AP 00415367 01/20/2021 WESTLAND GROUP INC 0.00 27,935.00 27,935.00 AP 00415368 01/20/2021 WESTRUX INTERNATIONAL INC 986.97 0.00 986.97 AP 00415369 01/20/2021 WHITEHEAD CONSTRUCTION 2,392.05 0.00 2,392.05 User: VLOPEZ-VERONICA LOPEZ Page: 7 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page ilme: 07:32:49 CITY OF RANCHO CUCAMONGA AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Excluding So Calif Gas Company. Agenda Check Register 1/11/2021 through 1/24/2021 Check No. Check Date Vendor Name Ca Fire Amount AP 00415370 01/20/2021 WILBUR-ELLIS COMPANY 1,304.64 0.00 1,304.64 AP 00415371 01/20/2021 WILSON&BELL AUTO SERVICE 3,326.49 0.00 3,326.49 AP 00415372 01/20/2021 WOLFE,SARAH 424.00 0.00 424.00 AP 00415373 01/20/2021 ZUNIGA,CRYSTAL 468.67 0.00 468.67 Total City: $3,262,544.58 Total Fire: $1,101,007.68 Grand Total: Note: *** Check Number includes both City and Fire District expenditures User: VLOPEZ-VERONICA LOPEZ Page: 8 Current Date: 01/25/2021 Report:CK_AGENDA REG_PORTRAIT_CONSOLIDATED-CK:Agenda Check Register Portrait Layout Page Wme: 07:32:49 W " , RANCHO CUCAMONGA FIRE DISTRICT AM (&TT1 I DATE: February 3, 2021 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Darci Vogel, Business Manager SUBJECT: Consideration to Adopt a Resolution Approving the Third Amended and Restated Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. (RESOLUTION NO. FD 2021-002) (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve and adopt Resolution No. FD 2021-002, authorizing the Third Amended and Restated Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. BACKGROUND: 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 became effective August 13, 1990, was amended September 17, 2013, and amended again on December 4, 2019. This revision will be the Third Amended and Restated version. The Rancho Cucamonga Fire Protection District Fire District(District) is currently one of nine local jurisdictions that have collectively formed a Joint Powers Authority (JPA) to provide regional emergency and non-emergency communication services for their fire department. The nine- member agencies of the JPA include the cities of Colton, Loma Linda, Redlands, Rialto, the Rancho Cucamonga Fire District, the County of San Bernardino Fire District, Chino Valley Independent Fire Protection District, Apple Valley Fire Protection District and the Victorville Fire Department. These member agencies comprise the policy making authority for the JPA and retain joint ownership of all JPA assets. In addition to the nine-member agencies, there are five contract agencies that pay a fee for the services of the JPA commensurate with the volume of calls for service that their agency generates. Although these contract agencies enjoy the same level and type of services as the member agencies, they are not directly represented in the policy making process, nor do they have any ownership of the JPA's assets. ANALYSIS: On May 15, 1990, the cities of Colton, Loma Linda, Redlands, Rialto and the County of San Bernardino (formally known as the San Bernardino Consolidated Fire Agency) entered into an agreement establishing a Joint Powers Authority (JPA) to create a regional emergency communication center for the fire departments of each respective jurisdiction. The formal name adopted for the JPA is "Consolidated Fire Agencies" and is commonly referred to as CONFIRE. The purpose of the JPA is to engage in any lawful act or activity that arises out of or relates to the operation of a public safety communication system and cooperative program of fire protection, Page 23 rescue and emergency medical services system. This shared communications infrastructure and regionalized approach improves efficiency and reduces each agency's costs associated with delivering these services. The joint services include providing a secondary 9-1-1 Public Safety Answering Point(PSAP), the purchase and maintenance of a Computer Aided Dispatching (CAD) system, delivery of specialized Emergency Medical Dispatching (EMD), information technology services, and the employment and oversight of all human resources needed to maintain operations. The original JPA included by-laws as well as many policies and procedures which should have been more appropriately outlined in a separate document. The two previous revisions, which have occurred since 1990, only addressed the addition of individual member agencies but the core language in the JPA was not revised. The JPA revision (Attachment 1 — Exhibit B) was developed over the course of two years by a sub-committee comprised of members from the Board of Directors, the Administrative Committee and legal counsel. Various items were addressed in the current revision including parity of voting rights, indemnification, dissolution, debts, etc. to better represent the intent of all member agencies while adhering to current statues or laws. The JPA revision is a foundational document and will require approval by all member agencies along with filing the approved document with the Secretary of State. On December 10, 2020, the CONFIRE Board of Directors approved the recommendation that each current party to the JPA and member of CONFIRE take action to substantially amend the JPA via Resolution No. 2020- 03 (Attachment 1 — Exhibit A). FISCAL IMPACT: There are no increased costs to the District associated with this item COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item will enhance the delivery of vital life safety services to residents, visitors, and businesses by working cooperatively and respectfully with all stakeholders to promote and enhance a safe and healthy community for all. ATTACHMENTS: Attachment 1 — Resolution No. FD 2021-002 Page 24 RESOLUTION NO. FD 2021-XXXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING JOINT POWERS AGREEMENT (THIRD AMENDED AND RESTATED) WHEREAS, the Rancho Cucamonga Fire Protection District("RCFPD") is a public agency located in the County of San Bernardino, State of California; and 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 September 17, 2013, amended again on or before December 4, 2019, and being amended again concurrently with this Resolution (collectively, the JPA"), whose members and parties are City of Redlands, City of Loma Linda, City of Colton, City of Rialto, Rancho Cucamonga Fire Protection District, San Bernardino County Fire Protection District, Chino Valley Independent Fire District, Apple Valley Fire Protection District, and effective upon the adoption of a resolution concurrently herewith by all Parties (defined below), the City of Victorville (collectively, the "Parties"). WHEREAS, as set forth in Exhibit A hereto, the Board of Directors of CONFIRE has recommended that each current party to the JPA and member of CONFIRE take action to substantially amend the JPA. NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES, 1. The foregoing Recitals are true and correct. 2. The execution of the Joint Powers Agreement (Third Amended and Restated) shall not extinguish: (a) the obligation of Chino Valley Independent Fire District and Apple Valley Fire Protection District to pay the "Required Buy-In" set forth in preceding amendment dated December 4, 2019 as set forth therein; or (b) the obligation of the City of Victorville to pay the "Required Buy-In" less the "Premium Amount", set forth in in the resolution adopted concurrently with this Resolution. BE IT FURTHER RESOLVED, 1. The President of said board or his or her designee be and hereby is authorized to sign and execute the Joint Powers Agreement (Third Amended and Restated) attached hereto as Exhibit B on behalf of the Rancho Cucamonga Fire Protection District. 2. The Secretary of the RCFPD shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 2021. Resolution No. FD XXXXX - Page 1 of 1 Page 25 EXHIBIT A TO RESOLUTION Page 26 RESOLUTION NO. 2020-03 BEFORE THE BOARD OF DIRECTORS OF THE CONSOLIDATED FIRE AGENCIES Recommendation to Amend Consolidated Fire Agencies Joint Powers Agreement RECITALS 1. 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 September 17, 2013, and amended again on or before December 4, 2019 (collectively, the "JPA", which is set forth in Appendix 1 to Exhibit A hereto). 2. WHEREAS, CONFIRE and its parties and member agencies, are considering the substantial amendment to the JPA as set forth in Exhibit B hereto. RESOLUTION NOW, THEREFORE, BE IT RESOLVED: 1. The Board of Directors recommends that each current party to the JPA and member of CONFIRE take action to substantially amend the JPA as set forth in Exhibit B hereto. THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire Agencies at a regular meeting held on the o� "h of ,,bee, 2020, by the following roll call vote: AYES: NOES: ABSENT: aJ ABSTAIN: C Signed and Approved by me after its passage. Chairperson of the Board of Directors Consolidated Fire Agencies ATTEST: Secretary to the Board of Directors Consolidated Fire Agencies 00156772.1 Page 27 EXHIBIT B TO RESOLUTION Page 28 JOINT POWERS AGREEMENT (Third Amended and Restated) This Joint Powers Agreement("Agreement") is by and between the public entities listed in Exhibit A (individually, a"Party," and collectively, the "Parties"). This Agreement is made and entered into as of ("Effective Date"). RECITALS 1. Prior Agreements. As authorized by Section 6500 of the Government Code, the Parties previously entered into a joint powers agreement relating to the operation of the Consolidated Fire Agencies of the East Valley (the "Existing Agreement"). The joint powers agreement was: a. Effective on ; and b. Amended on and 2. Desire to Amend. The Parties desire to amend the Existing Agreement. AGREEMENT 1. Amendment and Restatement. This Third Amended and Restated Agreement shall, on the Effective Date, supersede and replace the Existing Agreement. 2. Agency Established. a. Pursuant to Section 6500 et seq. of the Government Code, the legislative body of each Party hereby authorizes, by entry into this Agreement, the joint exercise of powers common to the Parties to further the Purpose, defined below. b. This joint exercise of powers shall be conducted by an agency or entity that is separate from the Parties to the Agreement and responsible for the administration of the Agreement. C. The name of that agency or entity created by this Agreement is: Consolidated Fire Agencies ("CONFIRE'). 3. Purpose and Method. a. The purpose of CONFIRE and this Agreement is, for the benefit of those persons served by the Parties and those persons served by other agencies who contract with CONFIRE for services, to engage in any lawful act or activity that arises out of or relates to the operation of a regional public safety communication system and cooperative program of fire protection, rescue and emergency medical services system (the"Purpose"). 00158226.1 Page 1 Page 29 b. By way of illustration and not by limitation, the Purpose includes: (1) the provision of hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a regional public safety communications system; and (2) a cooperative program for dispatch of fire and emergency medical services and related functions for the mutual benefit of the members of CONFIRE; and (3) the provision of such services on a contract basis to other governmental agencies and private entities; and (4) the provision of a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety, communications, operations and related matters within Parties and contracting agencies. C. The method by which the Purpose will be accomplished is any lawful act that arises out of or relates to the Purpose. 4. Powers of CONFIRE. CONFIRE shall have: a. All of the powers common to the Parties necessary or appropriate to the Purpose except the power of eminent domain("Powers"). b. The Powers include, by way of illustration and not by limitation, the following: (1) To sue and be sued; (2) To acquire, hold, dispose of, convey and encumber the property, real and personal, and to create a leasehold interest in the property for the benefit of the Parties; (3) To appoint and employ necessary employees, to define their qualifications and duties, and to provide a pay schedule for performance of their duties; (4) To employ counsel; (5) To enter into and perform all necessary contracts; (6) To adopt a seal and alter it at its pleasure; (7) To issue revenue bonds pursuant to Government Code section 6540, et seq.; and 00158226.1 Page 2 Page 30 (8) To apply for, receive and disburse grants, loans, or other funds from any private or public entity. 5. Restriction on Manner of Exercise of Powers of CONFIRE. The Powers of CONFIRE, such as the powers of CONFIRE relating to bidding, contracting, and procurement, are subject to the restrictions upon the manner of exercising the Powers of the "Restriction Designee" designated below: a. By default, San Bernardino County Fire Protection District is the Restriction Designee. b. Should San Bernardino County Fire Protection District withdraw or otherwise cease to be a Party to this Agreement,the Restriction Designee shall be Rancho Cucamonga Fire Protection District. C. Should both San Bernardino County Fire Protection District and Rancho Cucamonga Fire Protection District withdraw or otherwise cease to be a Party to this Agreement, the Restriction Designee shall be Chino Valley Fire District. d. Should San Bernardino County Fire Protection District, Rancho Cucamonga Fire Protection District, and Chino Valley Fire District, withdraw or otherwise cease to be a Party to this Agreement, the Restriction Designee shall be the remaining Party that is first in alphabetical order. 6. Governance. CONFIRE shall be governed by a Board of Directors and an Administrative Committee. a. Board of Directors. (1) CONFIRE shall have a"Board of Directors,"which is hereby established and governed by the Brown Act. (2) The Board of Directors shall consist of one elected official appointed by the legislative body of each Party. (3) The legislative body of each Party shall designate in writing to CONFIRE its primary and alternate elected official to serve on the Board of Directors. (4) The Board of Directors is responsible for: (a) the appointment of a treasurer; (b) the appointment of an auditor; (c) providing recommendations to the governing bodies of the Parties regarding the addition of new parties to this Agreement; and (d) approval of the annual budget and assessment schedule of CONFIRE. 00158226.1 Page 3 Page 31 (5) The Board of Directors may establish rules governing its own conduct and procedure, including Board Bylaws and Policies that are consistent with this Agreement (6) A quorum for the transaction of all business by the Board of Directors shall exist when a simple-majority (50.1%) of the members are present. (or is lawfully present via teleconference). (7) No one serving on the Board of Directors shall receive any salary or compensation from CONFIRE. (8) At its annual organizational meeting, the Board of Directors shall: (a) select one (1) of its Directors to serve as Chairperson of the Board of Directors and one Director to serve as the Vice Chairperson of the Board until the next annual meeting; and (b) establish a regular meeting schedule for the coming year. Unless waived by the Board of Directors, the Board of Directors shall schedule at least two (2) regular meetings per year. b. Administrative Committee. The purpose of the Administrative Committee is to meet regularly with the CONFIRE Director (and his/her staff) to provide advice, direction and consent on matters related to operations and administration. (1) CONFIRE shall have an "Administrative Committee," which is hereby established and governed by the Brown Act (2) The Administrative Committee shall consist of the Fire Chief of each Party. (3) The legislative body of each Party shall designate in writing to CONFIRE its primary, and one (1) alternate individual, to serve on the Administrative Committee. (4) At its annual organizational meeting, the Administrative Committee shall: (a) select one (1) of its Chiefs to serve as Chairperson of the Administrative Committee and one Chief to serve as the Vice Chairperson of the Administrative Committee until the next annual meeting; and (b) establish a regular meeting schedule for the coming year. (5) The Administrative Committee is responsible for all matters relating to the conduct of CONFIRE as delegated by the Board of Directors. 00158226.1 Page 4 Page 32 (6) The Administrative Committee may establish rules governing its own conduct and procedure. (7) A quorum for the transaction of all business by the Administrative Committee shall exist when two-thirds of the members are present(or is lawfully present via teleconference). (8) No one serving on the Administrative Committee shall receive any salary or compensation from CONFIRE. (9) Policies. The Administrative Committee may establish policies to govern the affairs of CONFIRE that are consistent with this Agreement and applicable law. (10) Subsidiary Committees. (a) The Administrative Committee may establish subsidiary committees as it deems fit to: (i) Exercise authority lawfully delegated by the Administrative Committee (ii) Provide advisory recommendations to the Board of Directors or the Administrative Committee. (11) Except for those powers expressly reserved to the Board of Directors under this Agreement, the Administrative Committee has all express or implied powers which are consistent with applicable law and this Agreement. C. Votin2. (1) Board of Directors (a) Each member of the Board of Directors shall cast one vote. (b) A vote may only be cast by that Party's director(primary or alternate) who is physically present (or is lawfully present via teleconference). (2) Administrative Committee (a) A member of the Administrative Committee,shall cast weighted votes set annually, effective July 1 based upon the dispatch incidents in the preceding Calendar Year as follows: (i) A Party that had at least 50% of the dispatch incidents in the preceding Calendar Year, four(4) votes. 00158226.1 Page 5 Page 33 (ii) A Party that had between 15% and 49.9% of the dispatch incidents in the preceding Calendar Year, two (2) votes. (iii) All other Parties, one (1) vote. All transactions of business shall require a majority of eligible votes which may be different than the number of Parties. Example: Based on eight agencies, if an agency has 50% of the dispatch incidents, they are entitled to four votes, and the remaining agencies are entitled to one vote, the number of eligible votes would be a total of eleven. In this case six votes would be required for a majority. (iv) In the event that all agencies are not represented (i.e. full quorum), no two agencies shall be able to authorize the transaction of business on behalf of CONFIRE. If two agencies represent a majority of eligible votes and are the only two agencies voting to authorize action,the Board of Directors shall convene a meeting to consider the proposed action. (b) A vote (weighted vote) may only be cast by that Party's Administrative Committee representative (primary or alternate) who is physically present(or is lawfully present via teleconference). (c) If a merger of a member agency takes place with another member or contract agency that party shall cast weighted vote/votes according to the criteria noted in Section 6.C.2 above. (d) Should the number of Parties decline due to withdrawal, involuntary termination, merger etc. the percentages noted in Section 6.C.2 shall be revisited so that no two members becomes a super majority. d. Vacancies. A vacancy shall immediately occur in the office of any director of the Board of Directors,or member of the Administrative Committee,upon the resignation or death of such person holding such office, or upon his/her ceasing to be an officer or employee of the Party that appointed him or her. 7. Fiscal Contributions. a. Dispatch and Dispatch-Related Services. (1) Each Party shall pay its pro-rata share of all capital, operating, and related costs of CONFIRE that benefit all Parties (Universal Service). 00158226.1 Page 6 Page 34 (2) Pro-rata share shall be calculated in the following manner: All dispatched incidents originating in a Party's respective jurisdiction over the immediately preceding one (1) calendar year divided by All dispatched incidents dispatched by CONFIRE over the immediately preceding one (1) calendar year. b. Additional Services. A Party or Parties shall pay for any additional services that are received or requested by the Party or Parties if those additional services (seat-based) are not also deemed by the Administrative Committee as a Universal Service, of general benefit to CONFIRE and made available to all Parties. Additional services shall be provided by CONFIRE at rates to be determined by the Administrative Committee. C. Other Costs and Expenses. The Parties recognize that, from time-to-time, CONFIRE may incur costs and expenses which are not directly related to the provision of services to Parties. In addition to the payments specified in Sections 7.a and 7.b above,each Parry shall pay its pro-rata share of such costs and expenses upon approval by the Administrative Committee. d. Ongoing Financial Obligations. Each Party is responsible for its pro-rata share of any obligation which was incurred at a time when that entity was a Party. This shall include, by way of illustration and not limitation: long-term debt and multi-fiscal- year debt related to the above described Services, Costs and Expenses. (1) Pro-rata share shall be in the same proportion as that entity's pro-rata share determined pursuant to Section 7.a.2 of the Agreement. (2) The pro-rata obligation of each Parry is immediately binding on the Party at the time the obligation is incurred. e. Billing. (1) CONFIRE shall bill each Parry for its Fiscal Contributions quarterly, unless a request is made and approved for bi-annual billing. The Parties shall pay the bill within sixty (60) days of receipt. (2) Any Party whose bill has not been paid within sixty(60) days may be deemed by CONFIRE to be in default and required to pay interest on the unpaid balance, not to exceed one (1)percent per month ("Defaulting Parry"). (3) CONFIRE has the power, at its option, to take the following action against a Defaulting Party: 00158226.1 Page 7 Page 35 (i) commence an action in its own name against the Defaulting Party to recover the amount of the obligation due to CONFIRE hereunder;or (ii) suspend the voting rights of the Defaulting Party until all Fiscal Contributions have been paid; or (iii) involuntarily terminate the Defaulting Party as set forth in Paragraph 12, below. 8. Accountability and Audits. CONFIRE shall be strictly accountable for all funds and shall report all receipts and disbursements, as required by Government Code section 6505. a. Pursuant to Section 6505.6 of the Government Code, the Board of Directors may designate a CONFIRE employee as treasurer and auditor of CONFIRE as set forth in Section 6505.5. b. The CONFIRE treasurer and auditor shall perform the duties set forth in Section 6505 of the Government Code. C. The CONFIRE treasurer and auditor shall cause an independent audit of CONFIRE to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Government Code. 9. Indemnification. a. To the furthest extent permitted by law, each Party, including CONFIRE, hereby agrees to defend, indemnify, and hold CONFIRE and the other Parties, and their respective officials, officers, agents, employees, and volunteers free and harmless from any and all liability or claims for personal injury, death, and property damage to the extent that it may arise from the indemnifying party's breach of this Agreement or negligent or otherwise tortious acts or omissions. b. CONFIRE and each Party shall procure and maintain their own general liability,auto, professional, and worker's compensation policies with limits set out in Exhibit B, as amended from time to time by the Board of Directors, attached hereto and incorporated herein by reference. To the extent that CONFIRE or any Party does not have an employee,workers compensation coverage shall not be required. CONFIRE and each Party may satisfy the insurance requirement set forth herein with an adequate self-insurance program or participation in a public agency insurance pool. 10. Force Mai eure. Neither CONFIRE nor any of the Parties shall be held responsible or liable to any other Party or CONFIRE for any loss, damage or delay caused by accidents, strikes, lockouts, fire, flood,act of civil or military authority or by insurrection or riot or by any other cause which is beyond its control. 00158226.1 Page 8 Page 36 11. Withdrawal. Any Party may withdraw as a party to this Agreement as follows: a. Notice of Intent to Withdraw shall be given not less than eighteen(18) months prior to the proposed date that the withdrawal shall take effect. (1) Notice of Intent to Withdraw shall be in writing and addressed to the Chairperson of the Board of Directors of CONFIRE at its primary address (currently 1743 Miro Way, Rialto CA 92376). (2) Notice of Intent to Withdraw must be accompanied by a proof of service that notice was sent by certified mail with return receipt requested. Notice shall be considered given on the date of service. b. June 30 (11:59 p.m.), annually, shall be the only month and day on which a withdrawal shall take effect. C. No withdrawing Party shall be entitled to any payment for its interests or assets in CONFIRE upon withdrawal. d. Notwithstanding Paragraph 1 La., no Party may withdraw until they have: (1) Either,paid in full their pro-rata share of all outstanding debts and obligations that were incurred while they were a Party. This shall include, by way of illustration and not limitation: long-term debt,pension obligations and multi- fiscal-year debt. (2) Or, executed a contract with CONFIRE to pay for all outstanding debts and obligations that were incurred while they were a Party. 12. Involuntary Termination. a. This Agreement may be terminated with respect to a Party for material non- compliance with provisions of this Agreement upon a no less than a two-thirds vote of the Board of Directors, excluding the vote of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination shall be provided. The written notice of proposed termination shall identify the specific provisions of this Agreement that the Party has allegedly violated and provide notice of the right to provide a written response within ten (10) business days, either evidencing compliance with the terms of this Agreement or a plan to cure the default and a reasonable timeline acceptable to CONFIRE within which the Party subject to termination will diligently prosecute the same to completion. b. In the event that the Party subject to possible termination is unable to provide satisfactory evidence of their compliance with the Agreement or ability to cure the default,the Party subject to possible termination shall have the right to respond to the reasons for the proposed termination at the Board of Directors meeting prior to any vote regarding termination. Any vote for termination by the Board of Directors shall 00158226.1 Page 9 Page 37 be at least forty (40) business days after delivery of the written notice identified in Paragraph 12(a), above. C. Any Party that is involuntarily terminated in accordance with Paragraph 12(a),above, shall remain responsible for their pro-rata share of all outstanding debts and obligations that were incurred while they were a Party. This shall include,by way of illustration and not limitation: long-term debt, pension obligations and multi-fiscal- year debt. 13. Enforcement. CONFIRE is hereby given authority to enforce this Agreement. If suit is necessary to enforce any of the provisions of this Agreement, CONFIRE and the Parties shall pay their own reasonable attorney fees, regardless of who is the prevailing party. 14. Dissolution. a. This Agreement may be dissolved and terminated, in its entirety, by a Board of Directors' vote to terminate that is not less than ninety percent (90%) of the total number of votes of the then-remaining Parties. b. No assets may be distributed (divided or returned) until all outstanding debts and obligations have been resolved. Resolved means that each Party has: (1) Either paid their pro-rata share of all outstanding debts and obligations that were incurred while they were a Party; or (2) Executed a contract with CONFIRE to pay for all outstanding debts and obligations that were incurred while they were a Party. (3) All assets of CONFIRE will be distributed in proportion to the contributions of the Parties during the fiscal year of dissolution. 15. Debts. a. To the furthest extent permitted by law, the debts, liabilities and obligations of CONFIRE shall not be the debts, liabilities, and/or obligations of the Parties. b. Notwithstanding Paragraph 15.a, with respect to the retirement liabilities of CONFIRE: (1) The debts, liabilities and obligations of CONFIRE shall be the debts, liabilities, and/or obligations of the Parties. (2) Pursuant to Section 6508.2 of the Government Code, the Parties agree to apportion CONFIRE's retirement obligations among themselves as follows: 00158226.1 Page 10 Page 38 (a) Each Party is responsible for its pro-rata share of any retirement obligations of CONFIRE which were incurred at a time when that entity was a Party("Retirement Obligation"). (b) Pro-rata share shall be in the same proportion as that entity's pro-rata share determined pursuant to Section 7.a.2 of the Agreement. (c) The pro-rata obligation of each Party is immediately binding on the Party at the time the obligation is incurred. (d) In the event that one Party is forced to pay the Retirement Obligation of another Party by virtue of joint and several liability with respect to retirement liabilities of joint powers authorities under A.B. 1912 (2018), affecting Sections 6508.1, 6508.2, 20574.1, 20575, and 20577.5 of the Government Code effective January 1, 2019: i. The Party that failed to pay its Retirement Obligation ("Defaulting Party") shall indemnify the Party that paid the Defaulting Party's Retirement Obligation actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings,responsibilities,violations,reasonable attorney's and consultants' fees and causes of action to property or persons(each a"Claim")to the extent that the Claim arises out of, pertains to, or relates to the Defaulting Party's failure to pay its Retirement Obligation (collectively, the Defaulting Party Indemnity"). ii. Each Party hereby irrevocably waives sovereign immunity with respect to any assets it may have or later acquire to the extent necessary for another Party to recover under the Defaulting Party Indemnity. iii. To the extent that a Defaulting Party is unable to satisfy its obligations under the Defaulting Party Indemnity by virtue of its insolvency("Defaulting Party Insolvency"),the Retirement Obligation of each Party other than the Defaulting Party shall be increased in the amount of its pro-rata share of the Defaulting Party Insolvency in the same proportion as that entity's pro-rata share determined pursuant to Section 7.a.2 of the Agreement. iv. CONFIRE Assets, if applicable shall be utilized first to satisfy retirement obligations of a Defaulting Party before the remaining parties are obligated pay their pro-rata shares. 00158226.1 Page 11 Page 39 16. Provisions Required by Law Deemed Inserted. a. This Agreement is subject to all provisions of the Constitution and laws of California and the United States which: (1) govern, control, or affect CONFIRE and/or the Parties; or (2) the property, funds, operations, or powers of CONFIRE and/or the Parties. b. Such provisions are by this reference made a part of this Agreement. C. Any provision required by law to be included in this Agreement shall be deemed to be inserted; and, had that provision been included in the most recent former joint powers agreement of CONFIRE, then such provision shall be deemed inserted in the form set forth in the most recent former joint powers agreement of CONFIRE. 17. Amendment. a. This Agreement may be amended as follows: (1) The Board of Directors adopts a Resolution recommending the amendment which will be presented to the governing body of each Party for ratification. (2) The Amendment shall be effective when the required Resolution Recommending Amendment has been ratified by the governing bodies of all Parties. . IN WITNESS WHEREOF, the undersigned public agencies have set their signature on the respective dates set forth below. This document maybe signed in duplicate originals or counterparts. ATTEST: APPLE VALLEY FIRE PROTECTION DISTRICT A Fire Protection District Date: Date: By: Clerk, Board of Directors of Apple President, Board of Directors of Apple Valley Fire Protection District Valley Fire Protection District 00158226.1 Page 12 Page 40 ATTEST: CHINO VALLEY FIRE DISTRICT A Fire Protection District Date: Date: By: Clerk, Board of Directors of the Chino President, Board of Directors of the Valley Fire District Chino Valley Fire District ATTEST: CITY OF COLTON A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: CITY OF LOMA LINDA A Municipal Corporation Date: Date: By: City Clerk Mayor 00158226.1 Page 13 Page 41 ATTEST: CITY OF REDLANDS A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: CITY OF RIALTO A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: CITY OF VICTORVILLE A Municipal Corporation Date: Date: By: City Clerk Mayor ATTEST: RANCHO CUCOMONGA FIRE PROTECTION DISTRICT A Fire Protection District Date: Date: By: Secretary, Board of Directors President, Board of Directors 00158226.1 Page 14 Page 42 ATTEST: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT A Fire Protection District Date: Date: By: Secretary of the San Bernardino Chairman, Board of Directors of the San County Fire Protection District Bernardino County Fire Protection District 00158226.1 Page 15 Page 43 EXHIBIT A TO JOINT POWERS AGREEMENT (Third Amended and Restated) The Parties to the Agreement are: • Apple Valley Fire Protection District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("Apple Valley FPD"); and • Chino Valley Fire District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("Chino Valley FPD"); and • City of Colton, a general law city duly formed and existing under Art. XI, section 7 of the California Constitution("Colton"); • City of Loma Linda, a charter city duly formed and existing under Art. XI, section 5 and section 7 of the California Constitution("Loma Linda"); • City of Redlands, a general law city duly formed and existing under Art. XI, section 7 of the California Constitution ("Redlands"); • City of Rialto, a general law city duly formed and existing under Art. XI, section 7 of the California Constitution("Rialto'); • City of Victorville, City of Victorville, a municipal corporation duly authorized and existing under Government Code Section 34000 et seq. ("Victorville"); • Rancho Cucamonga Fire Protection District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("Rancho Cucamonga FPD"); and • San Bernardino County Fire Protection District, a fire protection district duly formed and existing under the Fire Protection District Law of 1987, Government Code section 13800 et seq. ("San Bernardino County FPD"). 00158226.1 Page 16 Page 44 EXHIBIT B TO JOINT POWERS AGREEMENT (Third Amended and Restated) INSURANCE SPECIFICATIONS 1. Workers' Compensation/Employers Liability A program of Workers'Compensation insurance or a State-approved Self-Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with two hundred and fifty thousand dollar ($250,000) limits, covering all persons, including volunteers, providing services on behalf of Party and all risks to such persons under this Agreement. 2. Commercial/General Liability Insurance Party shall carry General Liability Insurance covering all operations performed by or on behalf of Party providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: a. Premises operations and mobile equipment. b. Products and completed operations. C. Broad form property damage (including completed operations) d. Explosion, collapse and underground hazards. e. Personal Injury f. Contractual liability g. $2,000,000 general aggregate limit 3. Automobile Liability Insurance Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage,per occurrence. If Party is transporting one or more non-employee passengers in performance of services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. 4. Umbrella Liability Insurance An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability. 5. Cyber Liability Insurance - Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or event with an annual aggregate of$2,000,000 covering privacy violations, information theft, damage to or destruction of electronic information, 00158226.1 Page 17 Page 45 intentional and/or unintentional release of private information, alteration of electronic information, extortion, network security, breach response cost, and regulatory fines and penalties. 00158226.1 Page 18 Page 46 W " , RANCHO CUCAMONGA FIRE DISTRICT AM (&TT1 I DATE: February 3, 2021 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Darci Vogel, Business Manager SUBJECT: Consideration to Adopt a Resolution to Add Victorville Fire Department as Party to the Consolidated Fire Agencies ("CONFIRE") Joint Powers Agreement. (RESOLUTION NO. FD 2021-003) (FIRE) RECOMMENDATION: Staff recommends the Fire Board approve and adopt Resolution No. FD 2021-003 authorizing the amendment to the Joint Powers Agreement of the Consolidated Fire Agencies to admit the Victorville Fire Department as party and member to the CONFIRE Joint Powers Agreement. BACKGROUND: The Rancho Cucamonga Fire Protection District Fire District (District) is currently one of eight local jurisdictions that have collectively formed a Joint Powers Authority (JPA)to provide regional emergency and non-emergency communication services for their fire departments. The eight- member agencies of the JPA include the cities of Colton, Loma Linda, Redlands, Rialto, the Rancho Cucamonga Fire District, the County of San Bernardino Fire District, Chino Valley Independent Fire Protection District and the Apple Valley Fire Protection District. These member agencies comprise the policy making authority for the JPA and retain joint ownership of all JPA assets. In addition to the eight-member agencies, there are six contract agencies that pay a fee for the services of the JPA commensurate with the volume of calls for service that their agency generates. Although these contract agencies enjoy the same level and type of services as the member agencies, they are not directly represented in the policy making process, nor do they have any ownership of the JPA's assets. Victorville Fire Department (VFD) is currently one of the contract agencies. However, in accordance with the bylaws of the JPA, they have requested to become a formal member agency. Approval for membership requires all current member agencies' local governing bodies individually approve a resolution amending the current JPA agreement to accept the VFD as a member agency. Additionally, the VFD must agree to pay a buy-in membership fee of $794,683 in five (5) equal installments commencing with the first installment due at the commencement of the 2021/22 fiscal year of the City of Victorville. CONFIRE and the City of Victorville entered into a contract whereby CONFIRE agreed to provide services to the City and pursuant to which the City agreed to pay CONFIRE an annual amount which includes a ten percent (10%) contract premium which will equal approximately One Hundred Seventy-One Thousand Two Hundred Forty Dollars ($171,240) through December 2020. CONFIRE and the City entered a contract whereby it was agreed that upon Victorville Page 47 becoming a member of CONFIRE, the Premium Amount previously paid by the City will be credited against the Required-Buy-In amount. The balance due to CONFIRE will be the Required- Buy-In minus the Premium Amount paid to date by Victorville at the time of the City's admission as a member of CONFIRE and a party to the JPA. ANALYSIS: On May 15, 1990, the cities of Colton, Loma Linda, Redlands, Rialto and the County of San Bernardino (formally known as the San Bernardino Consolidated Fire Agency) entered into an agreement establishing a Joint Powers Authority (JPA) to create a regional emergency communication center for the fire departments of each respective jurisdiction. The formal name adopted for the JPA is "Consolidated Fire Agencies" and is commonly referred to as CONFIRE. The purpose of the JPA is to engage in any lawful act or activity that arises out of or relates to the operation of a public safety communication system and cooperative program of fire protection, rescue and emergency medical services system. This shared communications infrastructure and regionalized approach improves efficiency and reduces each agency's costs associated with delivering these services. The joint services include providing a secondary 9-1-1 Public Safety Answering Point(PSAP), the purchase and maintenance of a Computer Aided Dispatching (CAD) system, delivery of specialized Emergency Medical Dispatching (EMD), information technology services, and the employment and oversight of all human resources needed to maintain operations. Article III of the JPA's bylaws provides for non-member agencies to become a formal voting member after a minimum of one year as a contracting agency, and providing that all existing member agencies agree and sign an amended Joint Exercise of Powers Agreement. Membership is also contingent upon payment of a "buy-in" fee to the joint ownership of the JPA's assets. The fee amount must be determined and agreed upon by a majority of the JPA's board of directors. 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. On September 18, 2019, the VFD made a formal request for full membership in the CONFIRE JPA. The proposal was presented to the JPA's board of directors and approved on December 10, 2020 via Resolution No. 2020-02, including a buy in fee of$794,683. (Attachment 1 — Exhibit B). The fee amount was based on VFD's average percentage of calls for service in relation to the total number of calls for service processed by the JPA over the three previous calendar years. The fee amount was then calculated using this percentage (9.79%) of the JPA's total assets and reserve accounts. Upon approval by the Board of Directors, the new member may pay the "buy- in" obligation over a five-year period. The final step in the formal acceptance of VFD as a member agency is to have the elected bodies of each current JPA member agency individually adopt a resolution approving VFD's request for membership (Attachment 1). Although each jurisdiction need only have a simple majority vote to ratify their individual resolution, all jurisdictions must pass a resolution approving the action. Should one or more of the member jurisdictions fail to pass the resolution, the action would not move forward. FISCAL IMPACT: There are no increased costs to the District associated with this item. Because the VFD is currently a contract agency with the JPA, the contract fees that they have paid and the offsets those fees represent to the District's contribution to the JPA are already factored into the FY 2020- 21 budget. Page 48 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: The adoption of this resolution will enhance the delivery of vital life safety services to residents, visitors, and businesses by working cooperatively and respectfully with all stakeholders to promote and enhance a safe and healthy community for all. ATTACHMENTS: Attachment 1 — Resolution No. FD 2021-003 Page 49 RESOLUTION NO. FD 2021-XXXX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AUTHORIZING AMENDMENT TO CONFIRE JOINT POWERS AGREEMENT TO ADMIT THE CITY OF VICTORVILLE AS A PARTY AND MEMBER WHEREAS, the Rancho Cucamonga Fire Protection District("RCFPD") is a public agency located in the County of San Bernardino, State of California; and WHEREAS, the City of Victorville ("City") is a municipal corporation duly authorized and existing under Government Code 34000 et seq. WHEREAS, the City has established and maintains the City of Victorville Fire Department (the "Department"). 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 September 17, 2013, and amended again on or before December 4, 2019 (collectively, the "JPA", which is set forth in Exhibit A hereto). WHEREAS, as set forth in Exhibit B hereto ("Victorville Resolution"), the Board of Directors of CONFIRE has recommended that that each current party to the JPA and member of CONFIRE and City take action to admit City as a party and a member of CONFIRE, as its JPA may be amended from time to time, on the condition that City agrees to pay Seven Hundred Ninety-Four Thousand Six Hundred Eighty-Three Dollars ($794,683) collectively ("Required-Buy- In"), less the Premium Amount (defined below) paid to date by the City at the time of City's admission as a member of CONFIRE and a party to the JPA, in five (5) equal installments commencing with the first installment due at the commencement of the 2021/2022 fiscal year of the City. WHEREAS, CONFIRE and City have previously entered into a contract whereby CONFIRE agreed to provide services to the City and pursuant to which the City agreed to pay CONFIRE, as consideration therefore, an annual amount which includes a ten percent (10%) contract premium (the"Premium Amount"), which will equal approximately One Hundred Seventy- One Thousand Two Hundred Forty Dollars ($171,240) through December 2020. WHEREAS, CONFIRE and the City have previously entered into a contract whereby it was agreed that upon City becoming a member of CONFIRE, the Premium Amount previously paid by the City will be credited against the Required-Buy-In amount, such that the balance due to CONFIRE will be the Required-Buy-In minus the Premium Amount paid to date by the City at the time of City's admission as a member of CONFIRE and a party to the JPA. NOW, THEREFORE, THE PRESIDENT OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES, 1. The foregoing Recitals are true and correct. Resolution No. FD 2021-XX - Page 1 of 2 Page 50 2. The Board of Directors of the RCFPD hereby agrees to admit City 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. City agrees to pay Seven Hundred Ninety-Four Thousand Six Hundred Eighty-Three Dollars ($794,683) collectively, less the Premium Amount paid to date by the City at the time of City's admission as a member of CONFIRE and a party to the JPA, in five (5)equal installments commencing with the first installment due at the commencement of the 2021/2022 fiscal year of the City. BE IT FURTHER RESOLVED, 1. The President of said board be and hereby is authorized to sign and execute said agreement on behalf of the Rancho Cucamonga Fire Protection District. 2. The Secretary of the RCFPD shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 2021. Resolution No. FD 2021-XX - Page 2 of 2 Page 51 EXHIBIT A TO RESOLUTION Page 52 I 1 JOINT POWERS AGREEMENT 2 THIS AGREEMENT is entered into by and between the public hereinafter called "public 3 agencies signatory hereto, 4 agencies." WITHESSETH: 5 WHEREAS, the signatories herein have determined that -7 there is a need by public agencies within the East End cities _ _ CO California, to establish a regional g of San Bernardino 9 fire agency to best serve the needs of all the citizens of 20 said public agencies; and, 11 WHEREAS, said public agencies have heretofore determined that the interests of the citizens_ of each of said public 12 public . agencies can best be served by the coordinated useof 13 safety radio channels and centralized regional co npute aided 1� 15 communications system; and, 16 WHEREAS, said public agencies recognize the mutual for the development, 17 benefit of a centralized joint effort 1S t operation and maintenance or implementation, and subsequen " 19 �such a centralized system; and, 20 WHEREAS, said public agencies desire to centralize and 21 provide safety communication operations; and, 22 WHEREAS, said public agencies have heretofore determined 23 that it is desirable and necessary to collectively direct the 24 management policies and operational practices of said regional 2- fire agency; and, ost of developing, -operating and 26 WHEREAS, the c 27 1 2S Page 53 1 maintaining said centralized systems is more cost effective 2 to such public agencies; and, 3 WHEREAS, said public agencies operate a cooperative d program of fire protection and related functions that are 5 mutually agreed upon; and, G WHEREAS, Title 1, Division 7, Chapter 5 of the Government 7 Cade of the State of California authorizes public agencies to g enter into an agreement for the joint exercise of any-power 5 common to them; and, 10 WHEREAS-, these public agencies possess the power to 11 consolidate public safety communications and operational 12 programs by the execution and implementation of this 13 Agreement. 14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL 15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF 1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND 17 BETWEEN THE PARTIES HERETO AS FOLLOWS: IS 1. Agency Established. Pursuant to the joint powers 1J authorization of the California Government Code, the 20 undersigned 'do hereby federate together in a cooperative t and mutual operation of a centralized 21 agency for the join 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 26 separate from the parties to the Agreement. 27 a 28 Page 54 1 2. By-Laws. The Agency shall be subject to, and shall 2 be governed by, those certain By-Laws, a copy of which is 3 attached hereto, marked Exhibit "A" and by this reference made 4 a part of this Agreement. 5 3. Purpose. The purpose of this Agreement shall be as 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 g manner set forth in the By-Laws. c� 4. Administration. CONFIRE, as 'established by this 10 Agreement and as governed by its By--Laws, shall be the 11 "Agency" to administer this Agreement, pursuant to joint 12 powers provisions of the Government Code of California- 13 5. Membership. Each public agency signatory to this 14 Agreement, and each additional public -agency which may 15 -hereafter sign the Agreement, is a member of the Agency and 16 is entitled to all. the rights and privileges and subject to 1i the obligations of membership, as provided in the By-Laws. 18 6. withdrawal of Membership. This Agreement shall 19 remain in full force and effect as to all member agencies for 20 a minimum of two (2) years from and -after the effective date 21 hereof. 'Thereafter, any party to this Agreement may cease to 22 be a party hereto and may withdraw from membership_ in the 231Agency 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 27 3 2s Page 55 1 to this Agreement at least one hundred eighty (18o) days prior 2 to the end of the then current fiscal year. 3 7. Powers and Debts of Authorit . Agency shall have 4 the power in its own name, to make and enter into contracts, 5 to employ agents and employees, to acquire, hold and dispose 6 of property, real and personal, to sue and be sued in its own 7 name, and to incur debts, liabilities or -obligations necessary 8 for the accomplishment of the purpose of this Agreement. 0 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- domain nor the oower to levy taxes, and its power generally 14 shall be subject to the restrictions applicable to the Central 15 valley Fire Protection District. 161 S. Amendment. This Agreement may -not be amended, except written agreement of all the parties, provided, IS however, that the By--Laws may be amended from time to time by 10 the method and nears provided therein. 20 9. Duration of Aareement. This Agreement shall 21 continue in effect. until terminated by unanimous consent of 92 the parties or until dissolution of the Agency in the manner 23 provided in said By-Laws. Upon such termination, or 24 dissolution, the non-grant assets remaining, including any 25 surplus money, shall be disposed of in proportion to 26 contributions made. Grant funded assets shall be disposed of 27 4 21 Page 56 i Ld 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- Laws, the defaulting member shall pay reasonable attorney fees 7 to the Agency as adjudicated and determined by the-Court. 8 11. Authorization. Upon execution of this Agreement, 9 each member shall deliver to the Agency a certified copy of 10 a governing board action, resolution - or minute order 11 authorizing and directing the execution of this Agreement. 12 12. Board of Directors. 13 A. There is established a Board of Directors for the 1d Agency which shall consist of a representative of the 15 governing body of each member agency. The governing body of 16 each member agency shall designate in writing to CONFIRE, the 17 primary and alternate members to serve on the Board of 18 Directors. At its annual meeting, the Board of Directors shall 19 select one of its members to serve as Chairperson of the Board 20 until the next annual meeting. The Chairpersonship of the 21 Board of Directors shall rotate annually in a fixed sequence 22 among the members. 23 B. The Board of Directors shall have the responsibility 24 for the appointment of auditors, approval of new members, and 25 approval of the annual budget and assessment schedule of the 26 Agency, and the exercise of those powers granted to it by the 27 5 21 Page 57 1 1 By-Laws. 2 C. Each public agency which is a member of the Agency 3 shall be entitled to one (1) Director on the Board and shall 4 be entitled to one (1) vote thereon. Such one vote may be 5 cast only by the member agency's designated primary or G alternate representative in attendance.0 7 13. Source of Fnds. . Any .contributions. of • funds by ember 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 rece.spts and disbursements, as required by Government Code 14 Section 6505. The Treasurer of San Bernardino County shall 15 act as treasurer and depositary for the Agency pursuant to 16 Government Code Section 6505.5, and shall handle and have 17 access to Agency property, under an official bond in an anount 1S 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 W?th the Auditor of the Countv of San Bernardino 23 within 60 days subsequent to the end of the fiscal year under 21 examination. 25 15. Indemnification. Each party hereby agrees to 26 defend, indemnify, and hold each other party, its elected 27 6 28 Page 58 1 officials, officers, agents, and employees free and harmless 2 from any and all liability or claims for personal injury, 3 death, and property damage which may arise from the 4 indemnifying party's negligent acts or omissions under this 5 Agreement. None of the parties shall be held responsible or 6 liable to any other party for any loss, damage or delay caused 7 by accidents, strikes, lockouts, fire, flood, act of civil or -$ military authority or by insurrection or, riot_or by any other 9 cause which is beyond its control. 10 16. Effective Date of Agreement. This Agreement shall 11 become effective upon its execution by the Cities of Colton, 12 Loma Linda, Redlands, and Rialto, the Central Valley Fire 13 Protection District and the San Bernardino County Consolidated 14 Fire Agency. Within 30 days of said date, the Agency shall 15 cause notice of this Agreement. to be filed with the Secretary 16 °f Stage of California, pursuant to Government Code section 1, 6503.5. 18 - 19 20 -21 .22 23 24 25 26 27 7 2$ 11 Page 59 1 IN WITNESS WHEREOF, the undersigned public agencies have 2 set their signature on the respective dates set forth below. 3 This document may be signed in duplicate originals. 4 5` ATTEST: CITY OF -REDLANDS A Municipal Corporation Y Y' CGS ri 8 Ci C erk May. ' 9 10 ATTEST: CITY OF LO��'s-A LINDA A Municipal Corporation 11 12. B*Yr 13C?ty- Clerk 14 1� ATTEST: CITY OF .COLTON A Municipal: Corporation 1G 17 By: 18 City Clerk Ma r _ 19 20 ATTEST: CITY Or RIALTO 21 A Municipal Corporation 22 By: 23 - a or . C ty lerk- -24 25 26 27 s 28 Page 60 1 _ 2 A TEST: SAN BERNARDINO COUNTY CONSOLIDATED FIRE AGENCY 4 BY' — ------------- 5 Clerk 6� the Board of Chairman, Board of Supervisors Supervisors of San Bernardino County, as 6 Governing Body of San _ Bernardino County -Consolidated Fire Agency $ ;N-,q ED AS TO FG M Alan K. pf;arkS. CIID1}NTY COUNSEL %N SEQNA NTY CALiFORNiA CENTRAL VALLEY FIRE 10 BY �__�--- .DEPUTY PROTECTION DISTRICT 22 rtV.T'::=D T'-_.f A C;7ny vF THIS' 13 rrr4.`JT t' lLt "�:J 7C;t c tHAtP,• BY��J Chairman, Board of 14 S, � r� ca. ;. �,F '�k ;rl, � � r Supervisors of, San 15 q2,�cs Bernardino County, as n Bi f w'-- ef:r� k � � - Governing Body of 16 " � -1J Central Valley Fire E. z protection District 19 20 21 - 22 23 24 25 26 27 9 28 Page 61 EXHIBIT A BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government Code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; c) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By-Laws; and h) the power to sue and be sued in its own name. Page 62 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By- Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By-Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. Page 63 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 location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. Page 64 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By-Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall, (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By-Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. Page 65 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 calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. Page 66 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. 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. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. Page 67 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public-safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. 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. Page 68 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 15 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and 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. Page 69 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 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. Page 70 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all communications employees. The same as the Special Districts recognized non-safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of Communications with all ratified Memoranda of Understanding (MOU) 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 Page 71 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV" WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. 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. Page 72 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts) , all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Powers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS_ A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. 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. Page 73 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. Page 74 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 S"my-tr2013, is made by and between the member agencies that comprise the Consolidated Fire Agencies ("CONFIRE"), a joint powers authority 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 to 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 are 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 fiirther 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. Page 75 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,the parties hereto agree as follows: 1. The Rancho Cucamonga Fire Protection District 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 CONFIRE 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 are 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] Page 76 SIGNATURE PAGE TO THE AMENDMENT TO THE CONFIRE JOINT POWERS AGREEMENT ATTEST: CITY OF REDLANDS By: By: Sam win Pete Aguilar City Clerk Mayor Dated:_ ATTEST: CITY OF LOMA LINDA By: / c — By: 2 Pamela Byrnes- '/Camb Rhodes Rigsby City Clerk Mayor Dated:5'--/2-,WX4 ATTEST: CITY OF COLTON By: L �C�,4� Eileen Gomez Sar Zamora v City Clerk Mayor Dated: ATTEST: CITY OF RIALTO By: ci, /A� iw By:s�/ 'C2° Barbara McGee Deborah Robe °on City Clerk Mayor Dated: Page 77 SIGNATURE PAGE TO THE AMENDMENT TO THE JOINT POWERS AGREEMENT ATTEST: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT By: By: lu� arlOkl Laura H.Welch Janice utherford Secretary of the Board of Directors Chairp son of the Board of Directors Dated: JUL C 9 2911, SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMEN LIVERED TO THE CHAt kL01p C, ToURA H. oG Secretary liy '0 .D uty 5� �OTFCZION O` Page 78 ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER AGENCY This ADDENDUM to the JOINT POWERS AGREEMENT dated this 2day of4e— 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 cities 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 END, the Board of Directors of the Rancho Cucamonga Fire Protection 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: 1. 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 CONFIRE 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] 99999.9135M8164272.1 Page 79 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 PROTECTION DISTRICT BY: I2 �— { BY: 4Bc6f 'i Dr.Rhodes Rigsby Pres' eDirectow, w Chairperson ATTEST: .' ATTEST BY: BY: � Secretary Rick Britt Secretary of CONFIRE 99999.91354\8164272.1 Page 80 Exhibit"A" Joint Powers Agreement [Attached Behind This Page] 99999.91354\8164272.1 Page 81 I 1 JOINT POWERS AGREEMENT 2 THIS AGREEMENT is entered into by and between the public hereinafter called "public 3 agencies signatory hereto, 4 agencies." WITHESSETH: 6 WHEREAS, the signatories herein have determined that -7 there is a need by public agencies within the East End cities _ _ CO California, to establish a regional g of San Bernardino 9 fire agency to best serve the needs of all the citizens of 20 said public agencies; and, 11 WHEREAS, said public agencies have heretofore determined that the interests of the citizens_ of each of said public 12 public . agencies can best be served by the coordinated useof 13 safety radio channels and centralized regional co npute aided 1� 15 communications system; and, 16 WHEREAS, said public agencies recognize the mutual for the development, 17 benefit of a centralized joint effort 1S t operation and maintenance or implementation, and subsequen " 19 �such a centralized system; and, 20 WHEREAS, said public agencies desire to centralize and 21 provide safety communication operations; and, 22 WHEREAS, said public agencies have heretofore determined 23 that it is desirable and necessary to collectively direct the 24 management policies and operational practices of said regional 2- fire agency; and, ost of developing, -operating and 26 WHEREAS, the c 27 1 2S Page 82 1 maintaining said centralized systems is more cost effective 2 to such public agencies; and, 3 WHEREAS, said public agencies operate a cooperative d program of fire protection and related functions that are 5 mutually agreed upon; and, G WHEREAS, Title 1, Division 7, Chapter 5 of the Government 7 Cade of the State of California authorizes public agencies to g enter into an agreement for the joint exercise of any-power g common to them; and, 10 WHEREAS-, these public agencies possess the power to 11 consolidate public safety communications and operational 12 programs by the execution and implementation of this 13 Agreement. 14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL 15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF 1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND 17 BETWEEN THE PARTIES HERETO AS FOLLOWS: IS 1. Agency Established. Pursuant to the joint powers 1J authorization of the California Government Code, the 20 undersigned 'do hereby federate together in a cooperative t and mutual operation of a centralized 21 agency for the join 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 26 separate from the parties to the Agreement. 27 a 28 Page 83 1 2. By-Laws. The Agency shall be subject to, and shall 2 be governed by, those certain By-Laws, a copy of which is 3 attached hereto, marked Exhibit "A" and by this reference made 4 a part of this Agreement. 5 3. Purpose. The purpose of this Agreement shall be as 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 g manner set forth in the By-Laws. c� 4. Administration. CONFIRE, as 'established by this 10 Agreement and as governed by its By--Laws, shall be the 11 "Agency" to administer this Agreement, pursuant to joint 12 powers provisions of the Government Code of California- 13 5. Membership. Each public agency signatory to this 14 Agreement, and each additional public -agency which may 15 •hereafter sign the Agreement, is a member of the Agency and 16 is entitled to all. the rights and privileges and subject to 1i the obligations of membership, as provided in the By-Laws. 18 6. withdrawal of Membership. This Agreement shall 19 remain in full force and effect as to all member agencies for 20 a minimum of two (2) years from and -after the effective date 21 hereof. 'Thereafter, any party to this Agreement may cease to 22 be a party hereto and may withdraw from membership_ in the 231Agency 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 27 3 2s Page 84 1 to this Agreement at least one hundred eighty (18o) days prior 2 to the end of the then current fiscal year. 3 7. Powers and Debts of Authorit . Agency shall have 4 the power in its own name, to make and enter into contracts, 5 to employ agents and employees, to acquire, hold and dispose G 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. 0 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- domain nor the oower to levy taxes, and its power generally 14 shall be subject to the restrictions applicable to the Central 15 valley Fire Protection District. 161 S. Amendment. This Agreement may -not be amended, except written agreement of all the parties, provided, IS however, that the By--Laws may be amended from time to time by 10 the method and nears provided therein. 20 9. Duration of Aareement. This Agreement shall 21 continue in effect. until terminated by unanimous consent of 92 the parties or until dissolution of the Agency in the manner 23 provided in said By-Laws. Upon such termination, or 24 dissolution, the non-grant assets remaining, including any 25 surplus money, shall be disposed of in proportion to 26 contributions made. Grant funded assets shall be disposed of 27 4 21 Page 85 i Ld 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- Laws, the defaulting member shall pay reasonable attorney fees 7 to the Agency as adjudicated and determined by the-Court. 8 11. Authorization. Upon execution of this Agreement, 9 each member shall deliver to the Agency a certified copy of 10 a governing board action, resolution - or minute order 11 authorizing and directing the execution of this Agreement. 12 12. Board of Directors. 13 A. There is established a Board of Directors for the 1d Agency which shall consist of a representative of the 15 governing body of each member agency. The governing body of 16 each member agency shall designate in writing to CONFIRE, the 17 primary and alternate members to serve on the Board of 18 Directors. At its annual meeting, the Board of Directors shall 19 select one of its members to serve as Chairperson of the Board 20 until the next annual meeting. The Chairpersonship of the 21 Board of Directors shall rotate annually in a fixed sequence 22 among the members. 23 B. The Board of Directors shall have the responsibility 24 for the appointment of auditors, approval of new members, and 25 approval of the annual budget and assessment schedule of the 26 Agency, and the exercise of those powers granted to it by the 27 5 21 Page 86 1 1 By-Laws. 2 C. Each public agency which is a member of the Agency 3 shall be entitled to one (1) Director on the Board and shall 4 be entitled to one (1) vote thereon. Such one vote may be 5 cast only by the member agency's designated primary or G alternate representative in attendance.0 7 13. Source of Fnds. . Any .contributions. of • funds by ember 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 rece.spts and disbursements, as required by Government Code 14 Section 6505. The Treasurer of San Bernardino County shall 15 act as treasurer and depositary for the Agency pursuant to 16 Government Code Section 6505.5, and shall handle and have 17 access to Agency property, under an official bond in an anount 1S 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 W?th the Auditor of the Countv of San Bernardino 23 within 60 days subsequent to the end of the fiscal year under 21 examination. 25 15. Indemnification. Each party hereby agrees to 26 defend, indemnify, and hold each other party, its elected 27 6 28 Page 87 1 officials, officers, agents, and employees free and harmless 2 from any and all liability or claims for personal injury, 3 death, and property damage which may arise from the 4 indemnifying party's negligent acts or omissions under this 5 Agreement. None of the parties shall be held responsible or 6 liable to any other party for any loss, damage or delay caused 7 by accidents, strikes, lockouts, fire, flood, act of civil or -8 military authority or by insurrection or, riot_or by any other 9 cause which is beyond its control. 10 16. Effective Date of Agreement. This Agreement shall 11 become effective upon its execution by the Cities of Colton, 12 Loma Linda, Redlands, and Rialto, the Central Valley Fire 13 Protection District and the San Bernardino County Consolidated 14 Fire Agency. Within 30 days of said date, the Agency shall 15 cause notice of this Agreement. to be filed with the Secretary 16 °f Stage of California, pursuant to Government Code section 1, 6503.5. 18 - 19 20 -21 .22 23 24 25 26 27 7 2$ 11 Page 88 1 IN WITNESS WHEREOF, the undersigned public agencies have 2 set their signature on the respective dates set forth below. 3 This document may be signed in duplicate originals. 4 5` ATTEST: CITY OF -REDLANDS A Municipal Corporation Y Y' CGS ri 8 Ci C erk May. ' 9 10 ATTEST: CITY OF LO��'s-A LINDA A Municipal Corporation 11 12. B*Yr 13C?ty- Clerk 14 1� ATTEST: CITY OF .COLTON A Municipal: Corporation 1G 17 By: 18 City Clerk Ma r _ 19 20 ATTEST: CITY Or RIALTO 21 A Municipal Corporation 22 By: 23 - a or . C ty lerk- -24 25 26 27 s 28 Page 89 1 _ 2 A TEST: SAN BERNARDINO COUNTY CONSOLIDATED FIRE AGENCY 4 BY' — ------------- 5 Clerk 6� the Board of Chairman, Board of Supervisors Supervisors of San Bernardino County, as 6 Governing Body of San _ Bernardino County -Consolidated Fire Agency $ ;N-,q ED AS TO FG M 9 Alan K. pf;arkS. CIID1}NTY COUNSEL %N SEQNA NTY CALiFORNiA CENTRAL VALLEY FIRE 10 BY �__�--- .DEPUTY PROTECTION DISTRICT 22 rtV.T'::=D T'-_.f A C;7ny vF THIS' 13 rrr4.`JT t' lLt "�:J 7C;t c tHAtP,• BY��J Chairman, Board of 14 S, � r� ca. ;. �,F '�k ;rl, � � r Supervisors of, San 15 q2,�cs Bernardino County, as n Bi f w'-- ef:r� k � � - Governing Body of 16 " � -1J Central Valley Fire E. z protection District 19 20 21 - 22 23 24 25 26 27 9 28 Page 90 EXHIBIT A BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government Code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; c) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By-Laws; and h) the power to sue and be sued in its own name. Page 91 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By- Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By-Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. Page 92 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 location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. Page 93 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By-Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall, (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By-Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. Page 94 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 calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. Page 95 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. 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. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. Page 96 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public-safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. 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. Page 97 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 15 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and 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. Page 98 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 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. Page 99 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all communications employees. The same as the Special Districts recognized non-safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of Communications with all ratified Memoranda of Understanding (MOU) 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 Page 100 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV" WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. 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. Page 101 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts) , all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Powers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS_ A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. 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. Page 102 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. Page 103 Exhibit"B" Bylaws [Attached Behind This Page] 99999.91354\8164272.1 Page104 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 TI POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; c) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By-Laws; and h) the power to sue and be sued in its own name. Page 105 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By- Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By-Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. Page 106 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 location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. Page 107 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By-Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall, (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By-Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. Page 108 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 calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. Page 109 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. 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. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. Page 110 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public-safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. 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. Page 111 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 15 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and 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. Page 112 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 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. Page 113 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all communications employees. The same as the Special Districts recognized non-safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of Communications with all ratified Memoranda of Understanding (MOU) 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 Page 114 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV" WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. 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. Page 115 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts) , all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Powers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS_ A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. 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. Page 116 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. Page 117 Exhibit"C" Signatory Page to the CONF=,point Powers Agreement [Attached Behind This Page] 99999.91354\8164272.1 Page 118 ADDENDUM TO JOINT POWERS AGREEMENT (CONFIRE) ATTEST: Rancho Cucamonga Fire Protection District Se etary ' Pr�sen, oard o it,tors /7-/3 Date 99999.91354\8164272.1 Page 119 SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES This Seoond Amendment("Amendment")to the Joint Powers Agreement of the Consolidated Fire Agencies,a joint powers authority of the State of California("CONFIRE"), dated.this 101h 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 agreemem establishing CONFIRE pursuant to Section 6500 at seq. of the Government Code,as set forth in AV=& 1 ("Original JPA")and AZI ("First Amendment to JPA")(collectively,the"Existing JPA!J. 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 red 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 Hunk Sixty-Seven Dollars ($81,267.00) on or before December 31,2019 and agrees to pay four(4)equal subsequent amual instalimenu of a Required Buy-In to CONFM concluding on or before December 31,2024 of Eighty-One Thousand Two Hundred Shay-Seven Dollars($81,267.00),for a total Rimed 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. 2. This Amendment is effective upon a. full execution by the Parties; Page 120 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 CONFIFtE 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 3 AND 41 Page 121 SIGNATURES TO SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES ATTEST: CITY OF REDLANDS _ ame: Name:Paul Foster Title: __ ry el _ Title: Mayor EO Dated: I0Aq ATTEST: CITY OF LOMA LINDA By: MOO,&1t4/j9 By: Name: -use �r Name:Dn Rhodes Rigs,y Title: 9�,c c—- c s±' -- Title: Mayor Dated: lb 13t t i q ATTEST: CITY OF COLTON BY ,a�,,_., _ By: Name: 1 k._�''+�1 t k cwXZ Name:Bill Smith Title: 5"c,Y.�(�L,6+k 'Tale: City Manager Dated: In ATTEST: CITY OF RIALTO �j Name: V 11&qi r Nafne:Brian Park Title: '., ' `�' a'` Title: Interim Fire Chief Dated: 1 r ATTEST: RANCHO CUCAMONGA FIRE PROTECT ION DISTRICT ------- ame: c, Name:L.Dennis Michael Title- Title: President Dated: ... ooLUM.1 3 Page122 SIGNATURE9 TO SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT OF THE CONSOLIDATED FIRE AGENCIES (continued) ATTEST: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT Bar, By. Name: rpe�Tra7p�— c+ .��rna Title: a6cctev-t- Title: Interim Fire Chief Dated: Io- a 0L--(.1 ATTEST: APPLE VALLEY FIRE PROTECTION DISTRICT By: _ ___-- By: e4� -Name: _ N C Giglotti 'eTitle:Dated: ATTEST: CHINO VALLEY INDEPENDENT FIRE DISTRICT By. By- Name:Tim 1�hacckc ford Title: .;_ � �-e 1 � Title: Firy Chief 1 Dated: 2 r. 0012034.1 4 Page 123 Appendix 1 to Second Amendment to Joint Powers Agreement [Original Joint Powers Agreement] 00119668.1 Page 124 I 1 JOINT POWERS AGREEMENT 2 THIS AGREEMENT is entered into by and between the public hereinafter called "public 3 agencies signatory hereto, 4 agencies." WITHESSETH: 5 WHEREAS, the signatories herein have determined that -7 there is a need by public agencies within the East End cities _ _ CO California, to establish a regional g of San Bernardino 9 fire agency to best serve the needs of all the citizens of 20 said public agencies; and, 11 WHEREAS, said public agencies have heretofore determined that the interests of the citizens_ of each of said public 12 public . agencies can best be served by the coordinated useof 13 safety radio channels and centralized regional co npute aided 1� 15 communications system; and, 16 WHEREAS, said public agencies recognize the mutual for the development, 17 benefit of a centralized joint effort 1S t operation and maintenance or implementation, and subsequen " 19 �such a centralized system; and, 20 WHEREAS, said public agencies desire to centralize and 21 provide safety communication operations; and, 22 WHEREAS, said public agencies have heretofore determined 23 that it is desirable and necessary to collectively direct the 24 management policies and operational practices of said regional 2- fire agency; and, ost of developing, -operating and 26 WHEREAS, the c 27 1 2S 00119669.1 Page125 1 maintaining said centralized systems is more cost effective 2 to such public agencies; and, 3 WHEREAS, said public agencies operate a cooperative d program of fire protection and related functions that are 5 mutually agreed upon; and, G WHEREAS, Title 1, Division 7, Chapter 5 of the Government 7 Cade of the State of California authorizes public agencies to g enter into an agreement for the joint exercise of any-power g common to them; and, 10 WHEREAS-, these public agencies possess the power to 11 consolidate public safety communications and operational 12 programs by the execution and implementation of this 13 Agreement. 14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL 15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF 1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND 17 BETWEEN THE PARTIES HERETO AS FOLLOWS: IS 1. Agency Established. Pursuant to the joint powers 1J authorization of the California Government Code, the 20 undersigned 'do hereby federate together in a cooperative t and mutual operation of a centralized 21 agency for the join 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 26 separate from the parties to the Agreement. 27 a 28 00119669.1 Page 126 1 2. By-Laws. The Agency shall be subject to, and shall 2 be governed by, those certain By-Laws, a copy of which is 3 attached hereto, marked Exhibit "A" and by this reference made 4 a part of this Agreement. 5 3. Purpose. The purpose of this Agreement shall be as 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 g manner set forth in the By-Laws. c� 4. Administration. CONFIRE, as 'established by this 10 Agreement and as governed by its By--Laws, shall be the 11 "Agency" to administer this Agreement, pursuant to joint 12 powers provisions of the Government Code of California- 13 5. Membership. Each public agency signatory to this 14 Agreement, and each additional public -agency which may 15 •hereafter sign the Agreement, is a member of the Agency and 16 is entitled to all. the rights and privileges and subject to 1i the obligations of membership, as provided in the By-Laws. 18 6. withdrawal of Membership. This Agreement shall 19 remain in full force and effect as to all member agencies for 20 a minimum of two (2) years from and -after the effective date 21 hereof. 'Thereafter, any party to this Agreement may cease to 22 be a party hereto and may withdraw from membership_ in the 231Agency 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 27 3 2s 00119669.1 Page 127 1 to this Agreement at least one hundred eighty (18o) days prior 2 to the end of the then current fiscal year. 3 7. Powers and Debts of Authorit . Agency shall have 4 the power in its own name, to make and enter into contracts, 5 to employ agents and employees, to acquire, hold and dispose G 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. 0 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- domain nor the oower to levy taxes, and its power generally 14 shall be subject to the restrictions applicable to the Central 15 valley Fire Protection District. 161 S. Amendment. This Agreement may -not be amended, except written agreement of all the parties, provided, IS however, that the By--Laws may be amended from time to time by 10 the method and nears provided therein. 20 9. Duration of Aareement. This Agreement shall 21 continue in effect. until terminated by unanimous consent of 92 the parties or until dissolution of the Agency in the manner 23 provided in said By-Laws. Upon such termination, or 24 dissolution, the non-grant assets remaining, including any 25 surplus money, shall be disposed of in proportion to 26 contributions made. Grant funded assets shall be disposed of 27 4 21 00119669.1 Page 128 i Ld 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- Laws, the defaulting member shall pay reasonable attorney fees 7 to the Agency as adjudicated and determined by the-Court. 8 11. Authorization. Upon execution of this Agreement, 9 each member shall deliver to the Agency a certified copy of 10 a governing board action, resolution - or minute order 11 authorizing and directing the execution of this Agreement. 12 12. Board of Directors. 13 A. There is established a Board of Directors for the 1d Agency which shall consist of a representative of the 15 governing body of each member agency. The governing body of 16 each member agency shall designate in writing to CONFIRE, the 17 primary and alternate members to serve on the Board of 18 Directors. At its annual meeting, the Board of Directors shall 19 select one of its members to serve as Chairperson of the Board 20 until the next annual meeting. The Chairpersonship of the 21 Board of Directors shall rotate annually in a fixed sequence 22 among the members. 23 B. The Board of Directors shall have the responsibility 24 for the appointment of auditors, approval of new members, and 25 approval of the annual budget and assessment schedule of the 26 Agency, and the exercise of those powers granted to it by the 27 5 21 00119669.1 Page 129 1 1 By-Laws. 2 C. Each public agency which is a member of the Agency 3 shall be entitled to one (1) Director on the Board and shall 4 be entitled to one (1) vote thereon. Such one vote may be 5 cast only by the member agency's designated primary or G alternate representative in attendance.0 7 13. Source of Fnds. . Any .contributions. of • funds by ember 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 rece.spts and disbursements, as required by Government Code 14 Section 6505. The Treasurer of San Bernardino County shall 15 act as treasurer and depositary for the Agency pursuant to 16 Government Code Section 6505.5, and shall handle and have 17 access to Agency property, under an official bond in an anount 1S 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 W?th the Auditor of the Countv of San Bernardino 23 within 60 days subsequent to the end of the fiscal year under 21 examination. 25 15. Indemnification. Each party hereby agrees to 26 defend, indemnify, and hold each other party, its elected 27 6 28 00119669.1 Page 130 1 officials, officers, agents, and employees free and harmless 2 from any and all liability or claims for personal injury, 3 death, and property damage which may arise from the 4 indemnifying party's negligent acts or omissions under this 5 Agreement. None of the parties shall be held responsible or 6 liable to any other party for any loss, damage or delay caused 7 by accidents, strikes, lockouts, fire, flood, act of civil or -8 military authority or by insurrection or, riot_or by any other 9 cause which is beyond its control. 10 16. Effective Date of Agreement. This Agreement shall 11 become effective upon its execution by the Cities of Colton, 12 Loma Linda, Redlands, and Rialto, the Central Valley Fire 13 Protection District and the San Bernardino County Consolidated 14 Fire Agency. Within 30 days of said date, the Agency shall 15 cause notice of this Agreement. to be filed with the Secretary 16 °f Stage of California, pursuant to Government Code section 1, 6503.5. 18 - 19 20 -21 .22 23 24 25 26 27 7 2$ 11 00119668.1 Page 131 1 IN WITNESS WHEREOF, the undersigned public agencies have 2 set their signature on the respective dates set forth below. 3 This document may be signed in duplicate originals. 4 5` ATTEST: CITY OF -REDLANDS A Municipal Corporation Y Y' CGS ri 8 Ci C erk May. ' 9 10 ATTEST: CITY OF LO��'s-A LINDA A Municipal Corporation 11 12. B*Yr 13C?ty- Clerk 14 1� ATTEST: CITY OF .COLTON A Municipal: Corporation 1G 17 By: 18 City Clerk Ma r _ 19 20 ATTEST: CITY Or RIALTO 21 A Municipal Corporation 22 By: 23 - a or . C ty lerk- -24 25 26 27 s 28 00119668.1 Page 132 1 _ 2 A TEST: SAN BERNARDINO COUNTY CONSOLIDATED FIRE AGENCY 4 BY' — ------------- 5 Clerk 6� the Board of Chairman, Board of Supervisors Supervisors of San Bernardino County, as 6 Governing Body of San _ Bernardino County -Consolidated Fire Agency $ ;N-,q ED AS TO FG M 9 Alan K. pf;arkS. CIID1}NTY COUNSEL %N SEQNA NTY CALiFORNiA CENTRAL VALLEY FIRE 10 BY �__�--- .DEPUTY PROTECTION DISTRICT 22 rtV.T'::=D T'-_.f A C;7ny vF THIS' 13 rrr4.`JT t' lLt "�:J 70;t c tHAtP,• BY��J Chairman, Board of 14 S, � r� ca. ;. �,F '�k ;rl, � � r Supervisors of, San 15 q2,�cs Bernardino County, as n Bi f w'-- ef:r� k � � - Governing Body of 16 " � -1J Central Valley Fire E. z protection District 19 20 21 - 22 23 24 25 26 27 9 28 00119668.1 Page133 EXHIBIT A BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government Code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; c) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By-Laws; and h) the power to sue and be sued in its own name. 00119668.1 Page 134 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By- Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By-Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. 00119668.1 Page135 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 location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. 00119668.1 Page 136 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By-Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall, (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By-Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. 00119669.1 Page 137 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 calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. 00119669.1 Page 138 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. 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. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. 00119669.1 Page 139 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public-safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF C0MMUNICATIONS 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. 00119669.1 Page 140 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 15 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and 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. 00119668.1 Page 141 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 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. 00119668.1 Page 142 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all communications employees. The same as the Special Districts recognized non-safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of Communications with all ratified Memoranda of Understanding (MOU) 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 00119669.1 Page143 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV" WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. 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. 00119668.1 Page 144 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts) , all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Powers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS_ A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. 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. 00119669.1 Page145 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. 00119668.1 Page 146 Appendix 2 To Second Amended Joint Powers Agreement 00119668.1 Page 147 [First Amendment to Joint Powers Agreement] 00119668.1 Page 148 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 S"my-tr2013, is made by and between the member agencies that comprise the Consolidated Fire Agencies ("CONFIRE"), a joint powers authority 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 to 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 are 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 fiirther 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. 00119668.1 Page 149 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained,the parties hereto agree as follows: 1. The Rancho Cucamonga Fire Protection District 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 CONFIRE 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 are 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] 00119668.1 Page 150 SIGNATURE PAGE TO THE AMENDMENT TO THE CONFIRE JOINT POWERS AGREEMENT ATTEST: CITY OF REDLANDS By: By: Sam win Pete Aguilar City Clerk Mayor Dated:_ ATTEST: CITY OF LOMA LINDA By: / c — By: 2 Pamela Byrnes- '/Camb Rhodes Rigsby City Clerk Mayor Dated:5'--/2-,WX4 ATTEST: CITY OF COLTON By: L �C�,4� Eileen Gomez Sar Zamora v City Clerk Mayor Dated: ATTEST: CITY OF RIALTO By: ci, /A� iw By:s�/ 'C2° Barbara McGee Deborah Robe °on City Clerk Mayor Dated: 00119668.1 Page 151 SIGNATURE PAGE TO THE AMENDMENT TO THE JOINT POWERS AGREEMENT ATTEST: SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT By: By: lu� arlOkl Laura H.Welch Janice utherford Secretary of the Board of Directors Chairp son of the Board of Directors Dated: JUL C 9 2911, SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMEN LIVERED TO THE CHAt kL01p C, ToURA H. oG Secretary liy '0 .D uty 5� �OTFCZION O` 00119669.1 Page 152 [Addendum to the Joint Powers Agreement] 00119668.1 Page153 ADDENDUM TO THE JOINT POWERS AGREEMENT OF CONFIRE ADDING THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AS A MEMBER AGENCY This ADDENDUM to the JOINT POWERS AGREEMENT dated this day of42L_, 2013, is made by and between the Consolidated Fire Agencies ("CONFJRE"), 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 cities and districts of the CONFINE JPA have unanimously approved by resolution adding the Rancho Cucamonga Fire Protection District as its newest member;and WHEREAS, TO THAT END, the Board of Directors of the Rancho Cucamonga Fire Protection 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: 1. 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 CONFIRE 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] 99999.9135M8164272.1 00119668.1 Page 154 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 PROTECTION DISTRICT BY: I2 �— { BY: 4Bc6f 'i Dr.Rhodes Rigsby Pres' eDirectow, w Chairperson ATTEST: .' ATTEST BY: BY: � Secretary Rick Britt Secretary of CONFIRE 99999.91354\8164272.1 00119668.1 Page155 Exhibit"A" Joint Powers Agreement [Attached Behind This Page] 99999.91354\8164272.1 00119668.1 Page 156 I 1 JOINT POWERS AGREEMENT 2 THIS AGREEMENT is entered into by and between the public hereinafter called "public 3 agencies signatory hereto, 4 agencies." WITHESSETH: 5 WHEREAS, the signatories herein have determined that -7 there is a need by public agencies within the East End cities _ _ CO California, to establish a regional g of San Bernardino 9 fire agency to best serve the needs of all the citizens of 20 said public agencies; and, 11 WHEREAS, said public agencies have heretofore determined that the interests of the citizens_ of each of said public 12 public . agencies can best be served by the coordinated useof 13 safety radio channels and centralized regional co npute aided 1� 15 communications system; and, 16 WHEREAS, said public agencies recognize the mutual for the development, 17 benefit of a centralized joint effort 1S t operation and maintenance or implementation, and subsequen " 19 �such a centralized system; and, 20 WHEREAS, said public agencies desire to centralize and 21 provide safety communication operations; and, 22 WHEREAS, said public agencies have heretofore determined 23 that it is desirable and necessary to collectively direct the 24 management policies and operational practices of said regional 2- fire agency; and, ost of developing, -operating and 26 WHEREAS, the c 27 1 2S 00119669.1 Page 157 1 maintaining said centralized systems is more cost effective 2 to such public agencies; and, 3 WHEREAS, said public agencies operate a cooperative d program of fire protection and related functions that are 5 mutually agreed upon; and, G WHEREAS, Title 1, Division 7, Chapter 5 of the Government 7 Cade of the State of California authorizes public agencies to g enter into an agreement for the joint exercise of any-power 5 common to them; and, 10 WHEREAS-, these public agencies possess the power to 11 consolidate public safety communications and operational 12 programs by the execution and implementation of this 13 Agreement. 14 NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE YO UAL 15 ADVANTAGES TO BE DERIVED THEREFROM, AND IN CONSIDERATION OF 1G THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED BY AND 17 BETWEEN THE PARTIES HERETO AS FOLLOWS: IS 1. Agency Established. Pursuant to the joint powers 1J authorization of the California Government Code, the 20 undersigned 'do hereby federate together in a cooperative t and mutual operation of a centralized 21 agency for the join 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 26 separate from the parties to the Agreement. 27 a 28 00119669.1 Page 158 1 2. By-Laws. The Agency shall be subject to, and shall 2 be governed by, those certain By-Laws, a copy of which is 3 attached hereto, marked Exhibit "A" and by this reference made 4 a part of this Agreement. 5 3. Purpose. The purpose of this Agreement shall be as 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 g manner set forth in the By-Laws. c� 4. Administration. CONFIRE, as 'established by this 10 Agreement and as governed by its By--Laws, shall be the 11 "Agency" to administer this Agreement, pursuant to joint 12 powers provisions of the Government Code of California- 13 5. Membership. Each public agency signatory to this 14 Agreement, and each additional public -agency which may 15 -hereafter sign the Agreement, is a member of the Agency and 16 is entitled to all. the rights and privileges and subject to 1i the obligations of membership, as provided in the By-Laws. 18 6. withdrawal of Membership. This Agreement shall 19 remain in full force and effect as to all member agencies for 20 a minimum of two (2) years from and -after the effective date 21 hereof. 'Thereafter, any party to this Agreement may cease to 22 be a party hereto and may withdraw from membership_ in the 231Agency 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 27 3 2s 00119669.1 Page 159 1 to this Agreement at least one hundred eighty (18o) days prior 2 to the end of the then current fiscal year. 3 7. Powers and Debts of Authorit . Agency shall have 4 the power in its own name, to make and enter into contracts, 5 to employ agents and employees, to acquire, hold and dispose G 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. 0 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- domain nor the oower to levy taxes, and its power generally 14 shall be subject to the restrictions applicable to the Central 15 valley Fire Protection District. 161 S. Amendment. This Agreement may -not be amended, except written agreement of all the parties, provided, IS however, that the By--Laws may be amended from time to time by 10 the method and nears provided therein. 20 9. Duration of Aareement. This Agreement shall 21 continue in effect. until terminated by unanimous consent of 92 the parties or until dissolution of the Agency in the manner 23 provided in said By-Laws. Upon such termination, or 24 dissolution, the non-grant assets remaining, including any 25 surplus money, shall be disposed of in proportion to 26 contributions made. Grant funded assets shall be disposed of 27 4 21 00119669.1 Page 160 i Ld 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- Laws, the defaulting member shall pay reasonable attorney fees 7 to the Agency as adjudicated and determined by the-Court. 8 11. Authorization. Upon execution of this Agreement, 9 each member shall deliver to the Agency a certified copy of 10 a governing board action, resolution - or minute order 11 authorizing and directing the execution of this Agreement. 12 12. Board of Directors. 13 A. There is established a Board of Directors for the 1d Agency which shall consist of a representative of the 15 governing body of each member agency. The governing body of 16 each member agency shall designate in writing to CONFIRE, the 17 primary and alternate members to serve on the Board of 18 Directors. At its annual meeting, the Board of Directors shall 19 select one of its members to serve as Chairperson of the Board 20 until the next annual meeting. The Chairpersonship of the 21 Board of Directors shall rotate annually in a fixed sequence 22 among the members. 23 B. The Board of Directors shall have the responsibility 24 for the appointment of auditors, approval of new members, and 25 approval of the annual budget and assessment schedule of the 26 Agency, and the exercise of those powers granted to it by the 27 5 21 00119669.1 Page 161 1 1 By-Laws. 2 C. Each public agency which is a member of the Agency 3 shall be entitled to one (1) Director on the Board and shall 4 be entitled to one (1) vote thereon. Such one vote may be 5 cast only by the member agency's designated primary or 6 alternate representative in attendance.0 7 13. Source of Fnds. . Any .contributions. of • funds by ember 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 rece.spts and disbursements, as required by Government Code 14 Section 6505. The Treasurer of San Bernardino County shall 15 act as treasurer and depositary for the Agency pursuant to 16 Government Code Section 6505.5, and shall handle and have 17 access to Agency property, under an official bond in an anount 1S 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 W?th the Auditor of the Countv of San Bernardino 23 within 60 days subsequent to the end of the fiscal year under 21 examination. 25 15. Indemnification. Each party hereby agrees to 26 defend, indemnify, and hold each other party, its elected 27 6 28 00119669.1 Page 162 1 officials, officers, agents, and employees free and harmless 2 from any and all liability or claims for personal injury, 3 death, and property damage which may arise from the 4 indemnifying party's negligent acts or omissions under this 5 Agreement. None of the parties shall be held responsible or 6 liable to any other party for any loss, damage or delay caused 7 by accidents, strikes, lockouts, fire, flood, act of civil or -8 military authority or by insurrection or, riot_or by any other 9 cause which is beyond its control. 10 16. Effective Date of Agreement. This Agreement shall 11 become effective upon its execution by the Cities of Colton, 12 Loma Linda, Redlands, and Rialto, the Central Valley Fire 13 Protection District and the San Bernardino County Consolidated 14 Fire Agency. Within 30 days of said date, the Agency shall 15 cause notice of this Agreement. to be filed with the Secretary 16 °f Stage of California, pursuant to Government Code section 1, 6503.5. 18 - 19 20 -21 .22 23 24 25 26 27 7 2$ 11 00119668.1 Page163 1 IN WITNESS WHEREOF, the undersigned public agencies have 2 set their signature on the respective dates set forth below. 3 This document may be signed in duplicate originals. 4 5` ATTEST: CITY OF -REDLANDS A Municipal Corporation Y Y' CGS ri 8 Ci C erk May. ' 9 10 ATTEST: CITY OF LO��'s-A LINDA A Municipal Corporation 11 12. B*Yr 13C?ty- Clerk 14 1� ATTEST: CITY OF .COLTON A Municipal: Corporation 1G 17 By: 18 City Clerk Ma r _ 19 20 ATTEST: CITY Or RIALTO 21 A Municipal Corporation 22 By: 23 - a or . C ty lerk- -24 25 26 27 s 28 00119668.1 Page 164 1 _ 2 A TEST: SAN BERNARDINO COUNTY CONSOLIDATED FIRE AGENCY 4 BY' — ------------- 5 Clerk 6� the Board of Chairman, Board of Supervisors Supervisors of San Bernardino County, as 6 Governing Body of San _ Bernardino County -Consolidated Fire Agency $ ;N-,q ED AS TO FG M 9 Alan K. pf;arkS. CIID1}NTY COUNSEL %N SEQNA NTY CALiFORNiA CENTRAL VALLEY FIRE 10 BY �__�--- .DEPUTY PROTECTION DISTRICT 22 rtV.T'::=D T'-_.f A C;7ny vF THIS' 13 rrr4.`JT t' lLt "�:J 70;t c tHAtP,• BY��J Chairman, Board of 14 S, � r� ca. ;. �,F '�k ;rl, � � r Supervisors of, San 15 q2,�cs Bernardino County, as n Bi f w'-- ef:r� k � � - Governing Body of 16 " � -1J Central Valley Fire E. z protection District 19 20 21 - 22 23 24 25 26 27 9 28 00119668.1 Page165 EXHIBIT A BY-LAWS CONFIRE ARTICLE I PURPOSE The CONSOLIDATED FIRE AGENCIES OF THE EAST VALLEY (CONFIRE) is a co-operative association voluntarily established by its members pursuant to the Joint Exercise of Powers Act of the Government Code of the State of California for the purpose of providing hardware, software, services, and other items necessary and appropriate for the establishment, operation, and maintenance of a joint centralized public safety communications system and a cooperative program of fire related functions for the mutual benefit of the members of the Agency, to provide such services on a contract basis to other governmental units, and to provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications and related matters within member agencies. CONFIRE is sometimes hereinafter referred to as the "Agency." ARTICLE II POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; c) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By-Laws; and h) the power to sue and be sued in its own name. 00119668.1 Page 166 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By- Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By-Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. 00119668.1 Page 167 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 location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. 00119668.1 Page 168 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By-Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall, (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By-Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. 00119669.1 Page 169 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 calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. 00119669.1 Page 170 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. 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. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. 00119669.1 Page 171 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public-safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. 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. 00119669.1 Page 172 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 15 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and 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. 00119668.1 Page173 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 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. 00119668.1 Page 174 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all communications employees. The same as the Special Districts recognized non-safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of Communications with all ratified Memoranda of Understanding (MOU) 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 00119669.1 Page175 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV" WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. 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. 00119668.1 Page 176 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts) , all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Powers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS_ A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. 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. 00119669.1 Page 177 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. 00119668.1 Page 178 Exhibit`B" Bylaws [Attached Behind This Page] 99999.91354\8164272.1 00119668.1 Page 179 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 TI POWERS The powers of the Agency include, but are not limited to the following: a) to enter into contracts, including the performance of services for other governmental units; b) to employ agents and employees; c) to acquire, lease, hold, and dispose of property, real and personal; d) to incur debts, liabilities or obligations; e) the purchase or lease of the equipment and machinery necessary; f) the employment of the necessary personnel and the operation and maintenance of a communications system; g) all powers necessary and incidental to carrying out the purpose set forth in ARTICLE I of these By-Laws; and h) the power to sue and be sued in its own name. 00119668.1 Page 180 ARTICLE III PARTICIPATION A. All governmental agencies which provide public safety services are eligible for membership of this Agency, provided the parties to the existing Agency agree and all parties sign an amended Joint Exercise of Powers Agreement. B. Membership shall be contingent upon the execution of the Joint Powers Agreement creating and establishing this Agency and the payment by each such governmental agency of a fee to be determined and agreed upon by the majority vote of Board of Directors. The Board of Directors may, by a similar vote, impose to the terms, costs, and assessment charges as specified in the Agreement or By- Laws . All fees, costs, and assessment charges shall become the revenue of the Agency. C. Upon becoming a member, all new members shall become subject to the same financial obligations of CONFIRE as all other members, unless otherwise specifically agreed to in the amended Joint Exercise of Powers Agreement. ARTICLE IV BOARD OF DIRECTORS A. The Board of Directors shall function as set forth in Section 12 of the Joint Powers Agreement and as further set forth herein. B. The member agency's principal or alternative representative shall serve until a successor is appointed by the appointing powers. A vacancy shall immediately occur in the office of any officer upon the resignation or death of such person holding such office, or upon his ceasing to be an officer or employee of any member government. Upon a vacancy occurring in any office, the Board of Directors may appoint a successor to fill the vacancy until the member agency represented by the officer assigns a new member to represent the governmental agency. The rotation of officers may be advanced one year before the vacancy has been filled if the Board of Directors finds this advisable. C. The Board of Directors may establish rules governing its own conduct and procedure and have such express or implied powers which are not inconsistent with or contrary to the laws of the State of California, these By-Laws, or Agreement. D. A quorum for the transaction of all business by such Board of Directors shall consist of a majority of the representative membership. E. No one serving on the Board of Directors shall receive any salary or compensation from the Agency. 00119668.1 Page 181 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 location of special, and emergency, meetings of the Board of Directors shall be determined by the Chairperson of the Board of Directors. Regular, special and emergency meetings shall be held within the County of San Bernardino. D. Notice of the regular meeting of the Board of Directors shall be given to the respective Board Member, Supervisor, Mayor, and Manager of each member Agency at least thirty (30) days prior to such meeting and an agenda for such meeting shall accompany the notice. E. To the extent not contrary to these By-Laws, Robert's Rules of Order shall govern all meetings of the Board of Directors. 00119668.1 Page 182 ARTICLE VI DITTIES OF AGENCY OFFICERS A. The officers of CONFIRE shall consist of a Chairperson, a Vice-Chairperson, a Secretary and a Treasurer. The Chairperson shall be a member of the Board of Directors. B. In the absence of a Chairperson, or in the event of his inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson, and when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. C. The Coordinator of Communications shall be the Secretary to the Board of Directors, but shall be a non-voting member. D. The Treasurer shall be the Financial officer from the Consolidated Fire Agency. He shall be a non-voting member. E. The Treasurer shall have the powers and duties as set forth in Section 6505 and 6505.5 of the Government Code, any other applicable provisions of State law, the Agreement, these By-Laws, or as may be established by the Board of Directors. The Treasurer shall serve the Agency without charge to the Agency, except for the administrative services charges to the Consolidated Fire Agency. There shall be strict accountability of all funds of the Agency and a report of all receipts and disbursements as required by Section 6505 of the Government Code. F. The Treasurer shall give a bond in the amount of $25,000 for the faithful discharge of his duties, with such surety or sureties as the Board of Directors shall determine. The Treasurer shall: (a) Have charge and custody of and be responsible for all funds, securities and assets of the Agency; receive and give receipts for monies due and payable to the Agency from any source whatsoever, and deposit all such monies in a separate fund in the name of the Agency with the County Auditor/Controller; (b) in general, perform all the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him by the Board of Directors. G. The Secretary shall, (a) keep the minutes of the Agency meetings in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with provisions of these By-Laws or as required by law; (c) be custodian of the records of the Agency; (d) in general, perform all duties as, from time to time, may be assigned to him/her by the Board of Directors. 00119669.1 Page183 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 calling a meeting of the Administrative Committee. Meetings of the Administrative Committee must comply with the Brown Act. 00119669.1 Page 184 H. The Administrative Committee Chairperson shall be the principal executive officer of the Agency and shall be authorized to execute documents and instruments on behalf of the Agency and in general shall perform all duties incident to the office of Chairperson and such other duties as may be prescribed by the Board of Directors. 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. J. The Administrative Committee shall have the following duties: 1) Within the limits fixed by an approved budget, the Administrative Committee shall conduct the operation of the Agency. 2) Direct the preparation of the proposed annual budget. Following approval thereof by the administrative Committee, the proposed budget shall be submitted to the Board of Directors. After adoption of the annual budget by the Board of Directors, the Administrative Committee shall control all expenditures in accordance with such budget. 3) The Administrative Committee shall have the power to expend funds in accordance with the adopted budget. 4) At each regular meeting of the Board of Directors, the Administrative Committee shall report budget and financial transactions since the previous regular meeting. K. The Administrative Committee shall present a full report of its activities at each regular meeting of the Board of Directors. L. The Administrative Committee shall, as provided by the approved budget, have the authority to hire, fix the salary of, and remove the Coordinator of Communications. ARTICLE VIII TECHNICAL COMMITTEE A. There is hereby established a Technical Committee which shall be organized and be, responsible for functions as hereinafter set forth. 00119669.1 Page185 B. Each public agency that is a member of this Agency shall be entitled to one (1) seat on the Technical Committee for each public-safety department which shares in the use of the CONFIRE System, and shall be entitled to one (1) vote per member thereon. Such vote may be cast only by the official representative to the Technical Committee in physical attendance, or by the designated alternate if such official representative is absent. C. The Chief Officer or Executive of each member agency shall appoint a representative and alternate representative to the Technical Committee. D. The Coordinator of Communications shall chair the Technical Committee and report all significant decisions to the Administrative Committee for concurrence. E. The Technical Committee may establish rules for its own procedures. There shall be regularly scheduled meetings held to consider all matters dealing with liaison between the Agency and department personnel, operation of the Agency, and future planning. F. The daily operation of the Agency shall be conducted under the direction and supervision of the Coordinator of Communications; however, they shall call emergency meetings of the Technical Committee should the need arise to meet operational requirements. G. The Technical Committee shall provide to the Administrative Committee recommended solutions to operational problems. H. Members of the Technical Committee, except for the Coordinator of Communications, shall serve without compensation for their services to the Agency. ARTICLE IX COORDINATOR OF COMMUNICATIONS A. The Coordinator of Communications shall perform such duties as shall be delegated by the Administrative Committee. B. The Coordinator of Communications shall attend all Administrative Committee meetings and give advice on technical matters. C. The Coordinator of Communications shall be the Chairperson of the Technical Committee. He shall provide to the Administrative Committee recommendations from the Technical Committee on operations and problems associated with the daily operation and maintenance of the Agency. 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. 00119669.1 Page 186 ARTICLE X FINANCES A. The fiscal year of the Agency shall end on June 30. B. The Agency budget for the following fiscal year shall be submitted by the Coordinator of Communications to the Administrative Committee on or before January 15 of each year. The Administrative Committee shall adopt a tentative budget on or before February 1 of each year and 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. 00119668.1 Page 187 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 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. 00119668.1 Page 188 C. Benefits and privileges of Agency employees shall be associated with the following representation units for the employees of the Office of Special Districts: 1) Coordinator of Communications. A Consolidated Fire Agency recognized Management employee. No representation. 2) Administrative Technician and all communications employees. The same as the Special Districts recognized non-safety group. D. Paragraph C above does not obligate the agency to recognize the representation units associated with the Office of Special Districts for any separate meet and confer matters. However, should employees exercise their rights to secure separate representation units under Employer/Employee Organizations guidelines as set forth in the Government Code of the State of California, Section 3500 et seq, and such representation units are officially recognized by the Agency, then Paragraph C et al., of this Article shall defer to that agreement between the employees and the Agency. E. The Office of Special Districts Personnel Office shall immediately provide the Coordinator of Communications with all ratified Memoranda of Understanding (MOU) 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 00119669.1 Page 189 Treasurer shall cause an inventory and asset account to be kept current at all times, showing the assets of the Agency. Grant funded equipment or services shall remain the property of the Grantee applicant. C. Any contributions of equipment by any of the member governmental agencies will be assigned a value by the Administrative Committee and such value will be credited to the account of that member and be a part of and included within any distribution formula in the event of withdrawal, termination or dissolution as provided herein. D. Each member shall have a vested interest in all capital acquisitions by the Agency in the same ratio as they are obligated to share in the cost-sharing proration. Capital acquisitions from grant funds are excluded. ARTICLE XIV" WITHDRAWAL TERMINATION AND DISSOLUTION A. A member may withdraw from this Agency in the manner prescribed by the Agreement; provided, however, that Agency assets directly attributable to the accumulated capital contribution of the withdrawing party shall remain with the system for use by CONFIRE without compensation to the withdrawing party, until the termination of this Agreement and the distribution of assets to all parties in winding up. B. If this Agreement is terminated, assigned or transferred in whole or in part, all property and equipment owned by CONFIRE shall be distributed to the parties; distribution to each party shall be made in the same proportion as that reflected in the members' accumulated capital contribution account as shown in the Treasurer's books of account. Cash may be accepted in lieu of property or equipment. Grant assets remain the property of the Grantee. C. If the parties to the Agreement herein cannot agree as to the valuation and distribution of the property, the valuation and distribution shall be determined by a panel of arbitrators, one being appointed by each agency and one additional arbitrator shall be appointed by a majority of the agencies. All matters relating to valuation and distribution of assets as determined by this panel of arbitrators shall be final and conclusive as to this Agency. 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. 00119668.1 Page 190 E. On withdrawal of members so as to reduce the number of continuing participants to less than the original number of participating numbers, or upon the action of a majority of participating members to dissolve, then this Agreement and such Agency shall be terminated and dissolved. Upon such termination and dissolution (and after payment of all debts) , all individual files and documents and documentation shall be distributed to their owners without charge or offset. The remaining assets or liabilities, excluding grant funded assets, of the Agency shall be distributed among the members who had participated in this Agency as set forth above. F. If the withdrawal of a member causes the remaining members to terminate the Joint Powers Agreement, then the withdrawing member shall participate in the termination of this Agreement as set forth above. ARTICLE XV CONTRACTS, LOANS, CHECKS AND DEPOSITS_ A. The Board of Directors may authorize any officer or officers, agency or agents, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the Agency, and such authority may be general or confined to specific instances. B. No loans shall be contracted on behalf of the Agency and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. C. All checks, drafts or other orders for the payment of monies, notes or other evidences of indebtedness issued in the name of the Agency shall be signed by such officer or officers, agent or agents, of the Agency and in such manner as shall from time to time be determined by the Board of Directors. D. All funds of the Agency not otherwise encumbered shall be deposited from time to time to the credit of the Agency in such banks, trust companies or other depositories by the Treasurer with the consent of the Board of Directors. 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. 00119669.1 Page 191 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. 00119668.1 Page 192 Exhibit"C" Signatory Page to the CONF=,point Powers Agreement [Attached Behind This Page] 99999.91354\8164272.1 00119668.1 Page193 ADDENDUM TO JOINT POWERS AGREEMENT (CONFIRE) ATTEST: Rancho Cucamonga Fire Protection District Se etary ' Pr�sen, oard o it,tors /7-/3 Date 99999.91354\8164272.1 00119668.1 Page 194 EXHIBIT B TO RESOLUTION 00119668.1 Page 195 RESOLUTION NO.2019-1 BEFORE THE BOARD OF DIRECTORS OF THE CONSOLIDATED FIRE AGENCIES Recommendation 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 Exhibit 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 IT RESOLVED: 1. The Board of Directors recommends that 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;Z,nd. of A <:% , 2019,by the following roll call vote: AYES: Co NOES: (A ABSENT: 00110626.1 1 00119668.1 Page 196 #2 Signed and Approved by me after its passage. 2 Z-1 Chairperson of the Board of Directors Consolidated Fire Agencies ATTEST: ecretary to the Board of Directors Consolidated Fire Agencies 00110626.1 2 00119668.1 Page 197 Exhibit A to Resolution No. 2019-01 [Administrative Committee Meeting Minutes] 00119669.1 Page 198 �91CDNFIREJ 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 Admin Committee Minutes February 26, 2019--Page 1 of 7 00119668.1 Page 199 212612019 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 of January 15,2019(Attachment A) 2. Financial Statements thru January 31,2019(Attachments B1-B2) 3. Dispatch Performance reports(Attachments CI-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 Tim 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 00119669.1 Page 200 212612019 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,3131119 estimated completion. ATIA(SIMS Interface),in progress,2115119 estimated completion. Admin Committee Minutes February 26, 2019--Page 3 of 7 00119669.1 Page 201 212612019 Deccan LiveMUM,in progress,3126119 estimated completion. SD-WAN,in progress,5131119 estimated completion. BDC Transition,in progress, 12131119 estimated completion. Tablet Command(Phase 2),in progress,316119 estimated completion. Active Directory Upgrade,in progress,4128119 estimated completion. Verizon VPN Tunnel,in progress,3115119 estimated completion. L 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$82,000 to 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 00119669.1 Page 202 212612019 8. Old Business a. West Net Station Alerting Radio Purchase(Attachments HI-H2) The convergence of the installation of the Westnet Station alerting system and the near completion of the County iSD 800 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. i. 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 00119669.1 Page 203 212612019 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(AttachmentJ) 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 $S540.00(one-time)and$1500 annually thereafter for maintenance and support. Motion by: Chief Nathan Cooke Second by: Chief Ivan Rojer 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 IPA 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 00119668.1 Page 204 212612019 IPA by-laws state that the cost is determined by agency call volume. The Chiefs asked director Bell 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 00119669.1 Page 205 191comilp STAFF REPORT DATE: 1/15/2019 FROM: Mike Bell Director 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 00119668.1 Page 206 agreement amendment would be drafted by CONFIRE legal counsel and circulated to each member agency governing board for final approval. 00119668.1 Page 207 EXHIBIT C TO RESOLUTION 00119668.1 Page 208 #2 RESOLUTION NO.2019-05 BEFORE THE 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 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 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). 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 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). 00119796.1 1 00119668.1 Page 209 #2 THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire Agencies at a regular meeting held on the �T1 'Iofr 4l 2019,by the following roll call vote: / AYES: NOES: ABSENT: `f' Signed and Approved by me after its passage. Chairperson of the oard irectors Consolidated Fire Agencies ATTEST: Secretary to the Board of Directors Consolidated Fire Agencies 00118796.1 2 00119668.1 Page 210 Exhibit A To Resolution 2019-05 Administrative Committee Resolution 00119668.1 Page 211 #1 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 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,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 member 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,THEREFORE,BE IT RESOLVED: 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 00119668.1 Page 212 #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. Chairperson of the Administrative Committee Consolidated Fire Agencies ATTEST:: Secretary to the Administrative Committee Consolidated Fire Agencies 00110625.2 2 00119668.1 Page 213 EXHIBIT B TO RESOLUTION Page 214 RESOLUTION NO. 2020-02 BEFORE THE BOARD OF DIRECTORS OF THE CONSOLIDATED FIRE AGENCIES Recommendation to Admit City of Victorville as a Party to Consolidated Fire Agencies Joint Powers Agreement RECITALS 1. WHEREAS, the City of Victorville ("City") is a municipal corporation duly authorized and existing under Government Code 34000 et seq. 2. WHEREAS, the City has established and maintains the City of Victorville Fire Department (the "Department"). 3. 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 September 17, 2013, and amended again on or before December 4, 2019 (collectively, the "JPA", which is set forth in Appendix 1 to Exhibit A hereto). 4. WHEREAS, as set forth in Exhibit B hereto ("Administrative Committee Resolution No. 2020-02"), the Administrative Committee of CONFIRE has recommended that this Board of Directors urge the current JPA members to amend the JPA to admit the City as a member of CONFIRE on the condition that the City agrees to pay Seven Hundred Ninety-Four Thousand Six Hundred Eighty-Three Dollars($794,683)collectively("Required-Buy-In") in five (5) equal installments commencing with the first installment due at the commencement of the 2021/2022 fiscal year of the City. 5. WHEREAS, CONFIRE and City have previously entered into a contract whereby CONFIRE agreed to provide services to the City and pursuant to which the City agreed to pay CONFIRE, as consideration therefore, an annual amount which includes a ten percent (10%) contract premium (the "Premium Amount"), which will equal approximately One Hundred Seventy-One Thousand Two Hundred Forty Dollars ($171,240) through December 2020. 6. WHEREAS, CONFIRE and the City have previously entered into a contract whereby it was agreed that upon City becoming a member of CONFIRE, the Premium Amount previously paid by the City will be credited against the Required-Buy-In amount, such that the balance due to CONFIRE will be the Required-Buy-In minus the Premium Amount paid to date by the City at the time of City's admission as a member of CONFIRE and a party to the JPA. 00156770.1 Page 215 RESOLUTION NOW, THEREFORE,BE IT RESOLVED: 1. The Board of Directors recommends that each current party to the JPA and member of CONFIRE and City take action to admit City as a party and a member of CONFIRE, as its JPA may be amended from time to time, on the condition that City agrees to pay Seven Hundred Ninety-Four Thousand Six Hundred Eighty-Three Dollars ($794,683) collectively, less the Premium Amount paid to date by the City at the time of City's admission as a member of CONFIRE and a party to the JPA,in five (5) equal installments commencing with the first installment due at the commencement of the 2021/2022 fiscal year of the City. THIS RESOLUTION was passed and adopted by the Board of Directors of the Consolidated Fire Agencies at a regular meeting held on the 10'"' of_l ce�bx, 2020, by the following roll call vote: AYES: J NOES: ABSENT: .) ABSTAIN: 0 Signed and Approved by me after its passage. c�, . Chairperson of the Boardof Directors Consolidated Fire Agencies ATTE T Secretary to the Board of Directors Consolidated Fire Agencies 00156770.1 Page 216 RANCHO CUCAMONGA FIRE DISTRICT sww-f DATE: February 3, 2021 TO: President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Mike McCliman, Deputy Fire Chief Darci Vogel, Business Manager Ruth Cain, CPPB, Procurement Manager SUBJECT: Consideration of the Purchase of One (1) Rosenbauer Commander Custom Heavy Rescue Unit from Rosenbauer Minnesota LLC Utilizing a Piggyback Opportunity Through a Competitively Bid Contract from the Orange County Fire Authority, RFP JA2440, in the Amount of $947,449. (FIRE) RECOMMENDATION: Staff recommends that the Fire Board authorize the purchase of one (1) 2022 Rosenbauer Commander Custom Heavy Rescue Unit from Rosenbauer Minnesota LLC utilizing a piggyback opportunity through a competitively bid contract from the Orange County Fire Authority, RFP JA2440, in the Amount of$947,449. BACKGROUND: As part of the annual budget preparation process, the Fire District reviews the current vehicle and apparatus inventory list and identifies those units needing replacement. This evaluation considers the mileage, current age and actual years of operation compared to expected years, mechanical condition, and repair history. For FY 2020/21, the Fire District identified and budgeted for the replacement of one heavy rescue apparatus. This apparatus supports the Technical Rescue Team and is a self-sufficient apparatus that can transport personnel and its equipment to the scene of Urban Search and Rescue (US&R) incidents such as earthquakes, extrications, trench collapse, confined space rescue and advanced high angle rope rescue. The apparatus can power its own equipment and lighting, as well as provide air and hydraulic supply for the variety of lifting, cutting and breaking tools and equipment. It must carry the minimum equipment required by Cal OES for Type 1 Heavy Level Rescue. Per the 2016 edition of the NFPA 1901 "Standard for Automotive Apparatus" guidelines, to maximize firefighting capabilities and minimize risk of injuries, it is important that fire apparatus be equipped with the latest safety features and operating capabilities. In the last 10 to 15 years much progress has been made in upgrading functional capabilities and improving the safety features of fire apparatus. Page 217 The new heavy rescue apparatus will replace Unit No. 56-97, a 1997 Spartan-Super Vac that with 82,400 miles. At 24 years old, this apparatus has had a number of mechanical issues, including multiple replacements of the rear-end due to the gear box going out. The company that built this unit is no longer in business and, as a result, a number of proprietary parts are no longer produced. In addition, the unit currently needs the light tower replaced, estimated at up to $15,000. Once replaced, the Fire District will surplus Unit No. 56-97. ANALYSIS: In an effort to expedite the purchasing process for the heavy rescue apparatus, the Fire District identified a piggyback opportunity through a competitively bid contract from the Orange County Fire Authority (OCFA), RFP JA2440, awarded to Rosenbauer Minnesota LLC. The Fire District's Apparatus Committee thoroughly reviewed the RFP specifications and determined that they were consistent with the Fire District's requirements. The Fire District provided the piggyback opportunity from OCFA to the Procurement Department. Procurement reviewed the OCFA bid documents and contract and is satisfied that the solicitation process and terms meet the Fire District and City's requirements. It has been determined that utilizing the contract as a piggyback is the most advantageous, expedient method of procurement at this time and is considered to be in the District's best interest to approve an award to Rosenbauer Minnesota LLC for the purchase of one (1) Rosenbauer Commander Custom Heavy Rescue Unit in the amount of$947,449. FISCAL IMPACT: The purchase of one heavy rescue apparatus was approved in the FY 2020/21 budget. A total of $1.3 million was allocated in the Fire Protection Capital Fund under account 3288501-5604 (Capital Outlay —Vehicle). Using the piggyback contract, the total purchase cost will be under budget at $947,449. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council's vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our first responders have the resources and tools necessary to respond effectively during emergency situations. ATTACHMENTS: N/A Page 2 Page 218 Nonion CITY OF • CUCAMONGA m DATE: February 3, 2021 TO: Mayor and Members of the City Council President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Ivan Rojer, Fire Chief Joseph Ramos, Emergency Management Coordinator SUBJECT: Consideration to Accept Grant Revenue in the Amount of $27,122 Awarded by the Department of Homeland Security for the 2019 Homeland Security Grant Program; and Authorization to Appropriate $27,122 for Approved Grant Expenses. (CITY/FIRE) RECOMMENDATION: Staff recommends the City Council / Fire Board: 1. Accept grant revenue in the amount of$27,122 awarded by the Department of Homeland Security and administered by the San Bernardino County Fire Department, Office of Emergency Services, under the 2019 Homeland Security Grant Program; and 2. Authorize the appropriation of$27,122 for the purchase of laptop computers and docking stations for the Fire administrative staff assigned to the Fire Department Operations Center (DOC) and Emergency Operations Center (EOC). BACKGROUND: The objective of the Homeland Security Grant Program (HSGP) is to provide funds to eligible entities to support state, local, tribal, and territorial efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The grant program contains non-competitive funding allocated for each Fire Department and Fire District in the San Bernardino County Operational Area, based on per capita. Funds must be used for activities that align with HSGP objects and support securing and protecting the Homeland. ANALYSIS: As a result of the current pandemic, the Fire District and City's administrative operations have undergone a number of changes during the past months. One of the most notable of these changes has been the transition to a remote workforce in order to ensure the safety of staff, as well as the sustainability of administrative operations. Subsequently, various work procedures have been modified to accommodate and support remote work. One such modification is virtual DOC and EOC activations. In order to support remote work and access to virtual DOC and EOC activations, laptops are crucial. Currently, the Fire District has a limited number of administrative staff who have assigned laptops. Staff recommends the use of available HSGP funding to purchase laptops and docking stations in order to outfit the remaining Fire District staff with the technology needed to perform their emergency job functions at any location including their assigned workstations. Laptops and docking stations are an allowable expense under the grant program. Page 219 FISCAL IMPACT: Staff requests that the City Council / Fire Board accept grant revenue into account number 1380000-4740 (Grant Income) and authorize the appropriation of $27,122 into 1380501-5207 (Homeland Security Grant Fire/O&M/Capital Supplies). The District will be reimbursed from grant income when invoices and proof of the purchase are submitted to the grant administrator. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item brings together portions of the Council's vision and core value by providing a sustainable City and promoting a safe and healthy community for all. This is accomplished by ensuring our Fire District staff have the technological resources necessary to perform their job functions at any time and any location. ATTACHMENTS: N/A Page 220 CITY OF RANCHO CUCAMONGA $l DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Tamara L. Oatman, Finance Director Jason Welday, Engineering Services Director/City Engineer Noah Daniels, Finance Manager SUBJECT: Consideration of a Resolution Accepting the AB 1600 Development Impact Fee Annual Report for the Fiscal Year Ended June 30, 2020, and Making Findings as Required by California Government Code Section 66001 (RESOLUTION NO. 2021-002). (CITY) RECOMMENDATION: Staff recommends that the City Council adopt a Resolution accepting the AB 1600 Development Impact Fee Annual Report for Fiscal Year Ended June 30, 2020, and making findings as required by California Government Code Section 66001. BACKGROUND: A development impact fee ("DIF") is a monetary exaction other than a tax or special assessment that is charged by a local government agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. The legal requirements for enactment of a DIF program are set forth in Government Code Sections 66000-66025 (the "Mitigation Fee Act"), the bulk of which were adopted as 1987's AB 1600 and, thus, are commonly referred to as"AB 1600 requirements." In accordance with Government Code Section 66006(b), the City is required to make an annual accounting of its DIF funds. The attached report has been prepared by staff to meet the annual reporting requirements. This annual reporting requires both general law and charter cities to account for every fee collected under the AB 1600 requirements. In accordance with the AB 1600 requirements, the City has established separate funds for each DIF. Each fiscal year, the City must make available the following information to the public for each separate fund or account: 1. A brief description of the type of fee in each fund; 2. The amount of the fee; 3. The beginning and ending balance of the fund; 4. The amount of the fees collected and the interest earned; Page 221 5. Identification of each public facility on which fees were expended and the amount of each expenditure; 6. A description of each interfund transfer or loan made from the fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and 7. The amount of refunds made. There were no interfund transfers or loans made from the funds, nor were there any refunds made. The remaining required information is included in the attached annual report. ANALYSIS: A Resolution has been prepared for the City Council's consideration. By adopting the Resolution, the City Council would receive and file the annual report for the fiscal year ended June 30, 2020 and make findings required by Government Code Section 66001. FISCAL IMPACT: None COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's core value of intentionally embracing and anticipating the future by complying with reporting requirements for revenues that defray the cost of public facilities related to new development in the City. ATTACHMENTS: Attachment 1 — Resolution Attachment 2 —Annual Report for Fiscal Year Ended June 30, 2020 Page 2 Page 222 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ACCEPTING THE AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2020 AND MAKING FINDINGS AS REQUIRED BY CALIFORNIA GOVERNMENT CODE SECTION 66001 WHEREAS, Government Code sections 66000 et seq. (commonly known as and referred to herein as AB 1600) regulates the imposition, collection, maintenance, expenditure, and reporting of development impact fees imposed on developers for the purpose of defraying all or a portion of the costs of public facilities; and WHEREAS, the City has imposed and collected development impact fees from developers which are subject to AB 1600 requirements; and WHEREAS, in accordance with the provisions of AB 1600, the City has established separate funds for each development impact fee, crediting earned interest to those funds and the accumulated fees and related interest on appropriate expenditures; and WHEREAS, the City has prepared the annual report for the fiscal year ended June 30, 2020 in accordance with the AB 1600 requirements as prescribed in Government Code section 66006, reflecting the beginning and ending balance of each separate fund containing development impact fees; the amount of fees collected and the interest earned for the fiscal year; the amount of expenditures and refunds made in the fiscal year; a description of each interfund transfer and loan, including the repayment date and interest rate of the loan, made from each fund containing development impact fees; and a description of the type of fees and the fee amounts; and WHEREAS, for the fiscal year ended June 30, 2020, there were no interfund transfers or loans made from the fund, nor refunds that were made; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, as follows: 1. The recitations above are true and correct. 2. The City Council hereby receives and files, and makes available to the public, the City's AB 1600 Development Impact Fee Annual Report for the fiscal year ended June 30, 2020. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. 2021-XXX— Page 1 of 1 Pa e 223 ATTACHMENT #01 CITY OF RANCHO CUCAMONGA AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2020 Page 224 City of Rancho Cucamonga AB 1600 Development Impact Fee Annual Report For Fiscal Year Ended June 30, 2020 On June 4, 1980, the City Council approved the collection of fees for park and recreational expansion in the City of Rancho Cucamonga to mitigate the impacts of future development (formerly RCMC 3.24). In the following years, additional system development fees were approved for Transportation (RCMC Chapter 3.28), Drainage Systems (RCMC Chapters 13.08 and 13.09), Community and Recreation Center(RCMC Chapter 3.52), Library (RCMC Chapter 3.56), Animal Center (RCMC Chapter 3.60), Police (RCMC Chapter 3.64), and Park In-Lieu/Park Impact (RCMC Chapter 3.68). Based on 1987 state law, primarily the passage of AB 1600, nexus procedures were developed to establish the relationship between a proposed development and its impact on the City. Pursuant to the Municipal Code, impact fees have been periodically updated since the consideration of the initial Development Impact Fee Resolutions by the City Council. California Government Code sections 66001 and 66006 require making available to the public various Development Impact Fee information. The City of Rancho Cucamonga addresses these reporting requirements through annual issuance of the following two schedules, along with the release of periodic updates to the City's Development Impact Fee Calculation and nexus studies. The following two schedules include Development Impact Fee information for the fiscal year ended June 30, 2020. The first schedule reports each Development Impact Fee category's beginning and ending fund balance, revenues, and expenditures. The second schedule provides a summary listing of the Development Impact Fee expenditure amounts by individual public improvement project. Following the two schedules is a brief description of the purpose of each development impact fee by fund and the method by which it is calculated. Page 225 City of Rancho Cucamonga AB 1600 Development Impact Fee Annual Report Pursuant to Government Code Section 66006 For Fiscal Year Ended June 30,2020 Revenues Expenditures Fund Balance Developer Other/ Capital Fund Balance Fund Development Impact Fee Purpose July 1,2019 Impact Fees Interest Miscellaneous Project Other June 30,2020 111 Park Land Acquisition $ 2,951,797 $ 1,029,923 $ 101,590 $ 7,454 $ 4,075,856 112 Drainage Facilities 3,568,222 602,499 106,440 41,758 4,235,403 113 Community and Recreation Centers 1,084,183 362,663 37,494 $ 11,666 2,480 1,470,194 114 Drainage-Etiwanda/San Sevaine 263,262 14,430 6,569 14,321 370 269,570 115 Drainage-Henderson/Wardman 983,735 7,075 260 990,550 116 Etiwanda Drainage 2,060,498 55,284 25,859 2,089,923 118 Etiwanda Drainage/Upper Etiwanda 593,283 16,062 390 608,955 119 Park Improvement 1,589,660 528,838 55,010 3,423 2,170,085 120 Park Development 8,364,900 215,675 270,065 115,518 8,194,992 122 South Etiwanda Drainage 1,084,823 29,799 240 1,114,382 123 Library 683,321 152,220 21,864 11,666 773 844,966 124 Transportation 31,314,223 5,664,811 928,355 $ 296,647 817,286 544,639 36,842,111 125 Animal Center 131,850 28,365 4,169 168 164,216 126 Lower Etiwanda Drainage 630,351 59,568 17,636 400 707,155 127 Police 513,407 117,280 16,333 11,666 224 635,130 $ 55,817,515 $ 8,560,597 $ 1,619,355 $ 296,647 $ 1,136,670 $ 743,956 $ 64,413,488 Notes to Schedule: Other expenditures consist of personnel costs,noncapital purchases and services,developer reimbursements for eligible capital facilities,and overhead costs. Page 226 City of Rancho Cucamonga Development Impact Fee Capital Project Expenditures For Fiscal Year Ended June 30,2020 City Annual Project ID Project Description Expenditures Community and Recreation Centers(Fund 113) 2046113 Joint Use Facility at The Resort $ 11,666 Fund 113 Subtotal 11,666 Drainage-Etiwanda/San Sevaine(Fund 114) 1358114 Etiwanda Flood Control Channel 14,321 Fund 114 Subtotal 14,321 Park Development(Fund 120) 1660120 Central Park-Master Plan Environmental Review 237,429 1664120 Etiwanda Creek Park-Phase II Design 32,636 Fund 120 Subtotal 270,065 Library(Fund 123) 2046123 Joint Use Facility at The Resort 11,666 Fund 123 Subtotal 11,666 Transportation(Fund 124) 1361124 Base Line Road at Interstate-15 Interchange 2,043 1515124 Wilson Avenue and Wardman Bullock Road Environmental Review 52,650 1831124 Traffic Management Center Citywide Upgrade 76,939 1900124 Freeway and Arterial Synchronization Phase 1 180,042 1956124 Day Creek Boulevard: Upgrade Left Turn Phases 74,805 1957124 Traffic Signal: 6th Street at Hellman Avenue 31,232 1958124 Traffic Signal: East Avenue at Highland Avenue 15,936 1982124 Advance Traffic Management System-Phase 1 316,578 1989124 Milliken Avenue-Upgrade Left Turn Phases 6,227 1996124 Arrow Route: Upgrade Left Turn Phases 60,834 Fund 124 Subtotal 817,286 Police(Fund 127) 2046127 Joint Use Facility at The Resort 11,666 Fund 127 Subtotal 11,666 Total Expenditures $ 1,136,670 Page 227 City of Rancho Cucamonga AB1600 Development Impact Fee Annual Report For Fiscal Year Ended June 30, 2020 Description of Development Impact Fee Purpose and Fee Methodology Fund 111 — Park Land Acquisition: The intent of this fee is to provide funding for the development and acquisition of parks. Because the provisions of the Quimby Act apply only to land acquisition, and only in residential subdivisions, separate park impact fees for park Land acquisition in non-subdivision projects and park improvements is necessary. The park fees are calculated for a single service area encompassing the entire City. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Fund 112 — Drainage Facilities: The City of Rancho Cucamonga is affected by surface and storm waters. The continual subdivision and development of property within the City has placed a demand on existing facilities which handle surface and storm waters. To provide an equitable manner for the apportionment of the cost of the development of such facilities, the City Council determined that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of the facilities described in the drainage plan. Impact fees for this fund are calculated in accordance with Resolution No. 02-061 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Fund 113 — Community and Recreation Centers: This fee relates to the City's existing community and recreation centers, as well as the Victoria Gardens Cultural Center. The impact fees may be used for but shall not be limited to land acquisition and site improvements, building construction/expansion, interior building improvements, furniture, fixtures and exercise equipment, sports and play equipment, special needs equipment, technical centers, and aquatic facilities. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs for replacement costs and the existing population. The City's community and recreation centers serve the entire City, so the Community and Recreation Center Impact Fees are calculated for a single service area encompassing the entire City. Page 228 Fund 114 — Drainage-Etiwanda/San Sevaine: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda/San Sevaine Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Fund 115 — Drainage-Henderson/Wardman: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Henderson/Wardman Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Fund 116 — Etiwanda Drainage: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 229 Fund 118 — Etiwanda Drainage/Upper Etiwanda: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Etiwanda Drainage/Upper Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on per net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Fund 119 — Park Improvement: The intent of this impact fee is to provide funding for park improvements. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Fund 120 — Park Development: The intent of this fee is to provide for the acquisition, development, and initial equipment of new parks or the expansion of land or services on existing parks in accordance with the park, parkway, and open space element of the Rancho Cucamonga General Plan. Following the adoption of Ordinance No. 865, the Park Land Acquisition, and Park Improvement, and the Community and Recreation Center Impact fees replaced the fees collected under the Park Development Fee. Fund 122 — South Etiwanda Drainage: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the South Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 90-111 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Page 230 Fund 123 — Library: The City has two existing libraries, the Archibald Library and the Paul A. Biane Library which is part of the Victoria Gardens Cultural Center. The Paul A. Biane Library includes space for future expansion, and the City will assess the need for the Joint Use Facility at The Resort. In order to provide funds for library facilities and materials needed to serve future development, the City Council determined that a development impact fee is needed for land acquisition and site improvements; building construction or expansion; interior building improvements; furniture, fixtures, and equipment; library materials; theatre facilities; special needs equipment and facilities; technical centers; and special activities facilities. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs for library facilities and materials and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type. Fund 124 —Transportation: In order to implement the goals and objectives of the Circulation Element of the City of Rancho Cucamonga's General Plan and to mitigate the traffic impacts caused by new development and redevelopment in the City, certain thoroughfares and bridges must be improved or constructed. The City Council has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the costs of these improvements. Impact fees are calculated based upon the equivalent dwelling unit based upon the land use type as adopted in Resolution No. 20-005. The impact fee per equivalent dwelling unit varies depending on the development type. Fund 125 —Animal Center: The City's existing Animal Center is at capacity and additional space will be needed for growing demand imposed by future development. In order to meet that demand, the City Council has determined that development impact fee is needed for land acquisition and site improvements; building construction and expansion; interior building improvements; furniture, fixtures, and equipment; special needs equipment and facilities; veterinarian equipment and facilities; transportation facilities; kennel facilities; transportation facilities; and outdoor dog runs and play areas. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the per capita costs for existing facilities and average population per dwelling unit. The impact fee per dwelling unit varies depending on the development type Page 231 Fund 126 — Lower Etiwanda Drainage: In order to implement the goals and objectives of the Public Health and Safety Element of the City of Rancho Cucamonga's General Plan, and to mitigate the drainage impacts in the Lower Etiwanda Local Drainage Area caused by new development, certain public drainage improvements must be or had to be constructed. The City Council determined that a development impact fee is needed to finance these public improvements and to assess such fee for a development's share of the construction costs of these improvements. Impact fees for this fund are calculated in accordance with Resolution No. 06-032 at a rate based on net acreage of the development as it relates to the benefit and impact area with the specific public improvements to be financed. Fund 127 — Police: The City's existing police facility is at capacity and additional space is needed to serve the growing demand imposed by future development. The impact fee for police facilities is based on the existing relationship between the Police Department calls for service per year generated by existing development and the replacement cost of the department's existing facilities. The funds will provide for land acquisition and improvements; building construction; furniture, fixtures, and equipment; technical centers and transportation facilities for the City's Police Department. Impact fees for this fund are calculated in accordance with Resolution No. 14-128 using the average cost per call for service and the calls per unit. The impact fee per dwelling unit varies depending on the development type. Page 232 Summary of Fees as of June 30, 2020 Page 233 Fees effective as of June 30, 2020: Park In-Lieu/Park Impact (per dwelling unit) Park Land Acquisition In-Lieu Fee (In Subdivisions) Residential, Single Family (Detached) $5,756 Residential, Multi Family $3,921 Park Land Acquisition Impact Fee (No Subdivision) Residential, Single Family (Detached) $4,768 Residential, Multi Family (Attached) $3,247 Assisted Living Facility $1,520 Park Improvement Impact Fee (per dwelling unit) Residential, Single Family (Detached) $2,805 Residential, Multi Family (Attached) $1,911 Assisted Living Facility $894 General City Drainage Fee (per net acre) $21,368 Etiwanda/San Sevaine Drainage Area Fee (per net acre) Total Fee = (1) Regional Mainline + (1) Secondary Regional + (1) Master Plan Regional Mainline Fee Upper Etiwanda $7,800 San Servaine $2,500 Lower Etiwanda $0 Secondary Regional Fee Henderson/Wardman $6,400 Hawker-Crawford $4,700 Victoria Basin $400 Upper Etiwanda Interceptor $2,000 Master Plan Fee Upper Etiwanda $8,900 San Servaine $2,900 Lower Etiwanda $16,500 Middle Etiwanda $32,199 Library Impact Fee (per dwelling unit) Residential, Single Family (Detached) $636 Residential, Multi Family (Attached) $434 Assisted Living Facility $202 Animal Center Impact Fee (per dwelling unit) Residential, Single Family (Detached) $137 Residential, Multi Family (Attached) $94 Page 234 Fees effective as of June 30, 2020 (Continued): Police Impact Fee Residential, Single Family (Detached) (per dwelling unit) $183 Residential, Multi Family (Attached) (per dwelling unit) $208 Assisted Living Facilities (per dwelling unit) $44 Commercial/Retail KSF (per 1000 sf) $566 Office KSF (per 1000 sf) $131 Industrial KSF (per 1000 sf) $49 Hotel/Motel (per room) $69 Community and Recreation Center Impact Fee (per dwelling unit) Residential, Single Family (Detached) $1,913 Residential, Multi Family (Attached) $1,304 Assisted Living Facility $610 Transportation Development Fees Single Family Dwelling Unit (per unit) $12,131 Multi-Family Dwelling Unit (per unit) $7,279 Apartment or Condominium (per unit) $7,279 Senior Housing-Attached (Apartments or Condos) (per bedroom) $2,426 Nursing/Congregate Care (per bedroom) $2,426 Commercial (per 1,000 sf) $18,197 Industrial (per 1,000 sf) $7,279 Warehouse (per 1,000 sf) $6,066 Office/Business Park (per 1,000 sf) $14,557 Hotel/Motel (per room) 9,705 Self-Storage (per storage unit) $243 Day Care (per student) $3,033 Service Station (per gas pump) $60,655 Page 235 CITY OF RANCHO CUCAMONGA DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Sandra Salazar, Associate Engineer SUBJECT: Consideration to Award a Contract to Elecnor Belco Electric, Inc., in the Amount of$209,074, plus a 10% Contingency for the Fiscal Year 2020/21 Traffic Signal Modifications Project. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Fiscal Year 2020/21 Traffic Signal Modifications Project (Project); 2. Accept the bids received for the Project; 3. Award and authorize the execution of a contract to Elecnor Belco Electric, Inc., in the amount of$209,074; as being the lowest responsive bidder; 4. Authorize the expenditure of a 10% contingency in the amount of$20,907; and 5. Authorize a Purchase Order in the amount of$15,400 to Onward Engineering for on-call construction inspection services. BACKGROUND: Cucamonga Valley Water District (CVWD) has requested that the City remove and relocate an existing traffic signal conduit that conflicts with a CVWD water line. The conduit in conflict is presumed to have been installed after the CVWD utility was constructed since it is located above the water line. The conflict is located along the south side of the intersection at Foothill Boulevard and Etiwanda Avenue. This conflict prompted the design of the proposed traffic signal modifications at this intersection. Further, the Public Works Services Department surveyed existing traffic signal intersections to recommended upgrades and modify existing traffic signal equipment that is deteriorating. Two locations were selected because of failures due to the wiring and equipment reaching the end of their life cycle. The traffic signal cabinets located at Lemon Avenue and Carnelian Street and at Base Line Road and Etiwanda Avenue were installed in 1984 and 1991 respectively. On-going issues with the traffic signal cabinets and wiring currently require a substantial amount of maintenance and result in a number of calls for service from the public, prompting the need for the traffic signal modifications at these intersections. The Engineering Services Department and Public Works Services Department have combined these traffic signal modifications into one project to receive better prices from potential contractors. Page 236 ANALYSIS: The scope of work for the Project consists of, but is not limited to, installation of conduits, conductors, wires, pull boxes, re-wiring, traffic signal cabinets, related traffic signal equipment, trenching and paving, and sidewalk repair. A vicinity map is included as Attachment 1. The Notice Inviting Bids was released to the general contracting community and was published in the Daily Bulletin on December 8, and December 15, 2020. The City Clerk's Office facilitated the formal solicitation for bidding the project. On December 22, 2020, the City Clerk's Office received six (6) construction bids. A full bid summary is included as Attachment 2. The Engineer's estimate for the project was $230,000. The apparent low bidder, Elecnor Belco Electric, Inc., submitted a bid in the amount of$209,074. Engineering staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities being inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder Elecnor Belco Electric Inc., meets the requirements of the bid documents. ENVIRONMENTAL: Staff has determined that the project is Categorically Exempt per Section 15301 "Existing Facilities" subsection (c), Class 1 of the California Environment Quality Act (CEQA). FISCAL IMPACT: Anticipated construction costs for the Project are estimated to be as follows: Expenditure Category Amount Construction Contract $209,074 Construction Contract $20,907 Contingency (10%) Construction Inspection Services $15,400 Estimated Construction Costs $245,381 A total of$276,000 has been budgeted in Fiscal Year 2020/21 from the Gas Tax R&T 7360 (Fund 174) for design and construction of the Project. A portion of the funds has been utilized for the design and required advertising of the Project. Therefore, an amount of $272,100 remains available to cover this contract under the Capital and Public Works Project Account No. below and no additional appropriations are required. Account No. Funding Source Description Amount 1174303-5650/2031174-0 Gas Tax (174) Traffic Signal Mod $96,925 Foothill @ Etiwanda 1174303-5650/2035174-0 Gas Tax (174) Traffic Signal Mod — $175,175 Various Locations Total Project Funding: $272,100 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction of high- quality public improvements that promote a world class community. Page 2 Page 237 ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Bid Summary Page 3 Page 238 FISCAL YEAR 2020/21 TRAFFIC SIGNAL MODIFICATIONS PROJECT VICINITY MAP NOT TO SCALE Hillside Rd Hillside Rd H+Nsiae Rd � �Nslson Ave Chaffey College School Banyan St Banyan St ®Lennon Ave V Vin Ls emon AveA�+e yrrt�,ge br ¢ ~{ Or Alta Lorna br `O Alta Loma f W 7 ,w Vlrtoria ,St Grapeland } = Al W C Ld rp Base Line Rd 4 Ea < ro - rD ry cu 66VIX > Rancho M ,o Q. Cucamonga 4' La Arrow Rte a� < Project Location(s) 1 of 3: Intersection of Lemon Ave and Carnelian St N 2 of 3: Intersection of Etiwanda Ave and Base Line Rd 3 of 3: Intersection of Etiwanda Ave and Foothill Blvd ATTACHMENT 1 Page 239 FY 2020/21 Traffic Signal Modifications Project BID SUMMARY FOR BID OPENING DECEMBER 22,2020 APPARENTLOWBIDDER 2 3 4 $ 6 ENGINEER'S ESTIMATE FISCAL YEAR 2021/20 TRAFFIC SIGNAL MODIFICATIONS PROJECT Elecnor BelcO Electric,Inc. DB%,Ina Crosstown Asplundh CaIProMax Alfaro)ACCI) BID SCHEDULE UNIT UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID UNIT BID NO. QTY. UNIT DESCRIPTION COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT COST AMOUNT 1 1 LS Mobilization $ 11,000.00 $ 11,000.00 $ 10.000.00 $ 10,000.00 $ 3.000.00 $ 3.000.00 $ 5,000.00 $ 5.000.00 $ 5.000.00 $ 5,000.00 $ 6.000.00 $ 6.000.00 $ 4,500.00 $ 4.500.00 Clearing&Grubbing and Removals W,,ding Haul&Disposal 2 1 LS of Material S 6.000.00 6.000.00 S 2.000.00 S 2.000.00 250.00 250.00 S 1.500.00 1.500.00 10 000.00 10 000.00 3.500.00 3.500.00 5.000.00 S 5.000.00 T,ff,Signal Modlicatnns at Lemon Ave and Camelian Street s shown on project plans except re inng of exslin9 3 1 LS ntersection. 46 000.00 45 000.00 S 54 087.00 1 S 54 087.00 52 500.00 52 500.00 48 175.00 48 175.00 90 650.00 90 650.00 83 000.00 83 000.00 94 000.00 94 000.00 Re-wire emoting signalized intersection at Lemon Ave and 4 1 LS Carnefan St(sea plans) 23000.00 23000.00 14000.00 S 14000.00 24900.00 S 24900.00 19225.00 19225.00 19250.00 19250.00 29000.00 S 29000.00 20000.00 20000.00 Treff Signal Modfications st Base Line Rd and Etw nda Ave s shown on project pans except re-winng of existing 5 1 LS Intersection. 45 000.00 45 000.00 54 087.00 54 087.00 52 500.00 52 500.00 48 175.00 48175.00 94 900.00 94 900.00 83 000.00 83 000.00 93 000.00 93 000.00 Re-wire-a ing sgnalized intersection at Base Line Rd and 6 1 LS Etiwanda Ave(see plans) 23000.00 23000.00 14000.00 S 14000.00 24900.00 24900.00 S 25725.00 25725.00 22000.00 22000.00 28000.00 28000.00 20000.00 20000.00 Trsff,Signal Modifications at Foothill BIM and Etiwanda Ave s shown on project pans except se inng of exsfng 7 1 LS ntersection 30 000.00 30 000.00 8,000.00 8,000.00 3,500.00 3,500.00 17 385.00 17 385.00 18 200.00 18 200.00 23 000.00 S 23 000.00 35 000.00 S 35 000.00 Re-wire exsting sgnallmd Intersection at Foothill BIM and Etiwanda Ave.Includes conduit trenching,condu8 removal, 6 1 LS MiDamq.and bonny has plans) 25 000.00 25 000.00 43 000.00 S 43 000.00 47,800.00 47,800.00 43 323.00 43 323.00 21 200.00 21 200.00 26 000.00 28 000.00 30 000.00 30 000.00 9 7 EA Potholina(F0001II6Etiwanda) $ 1.000.00 $ 7,000.00 $ 700.00 $ 4.900.00 $ 250.00 $ 1.750.00 $ 850.00 $ 5.950.00 $ 800.00 $ 5,600.00 $ 600.00 $ 4.200.00 $ 2,000.00 $ 14.000.00 10 1 LS Tn#f.Control $ 15.000.00 $ 15,000.00 $ 5.000.00 $ 5.000.00 $ 2.500.00 $ 2.500.00 $ 3.500.00 $ 3.500.00 $ 5.000.00 $ 5,000.00 $ 5.000.00 $ 5.000.00 $ 6,000.00 $ 6.000.00 TOTAL BID SCHEDULE AMOUNTS= $ 230,000.00 $ 209,0]4.00 $ 213.800.00 $ 217,958.00 $ 291,800.00 $ 292,]00.00 $ 321,500.00 ATTACHMENT 2 &nbsp; &nbsp; Page 240 CITY OF RANCHO CUCAMONGA DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor SUBJECT: Consideration of Amendment No. 01 to the Agreement with Henkels & McCoy, Inc. (CO#19-148) in the amount of $249,611, plus a 5% Contingency for the Comar Inc. Power Upgrade Project and Authorization of an Appropriation in the Amount of$262,091. (CITY) RECOMMENDATION: Staff recommends that the City Council: 1. Approve the plans and specifications for the Comar Inc. Power Upgrade Project (Project); 2. Award and authorize the execution of an amendment to the existing agreement with Henkels & McCoy, Inc. (CO19-148), the lowest responsive bidder for the Project, in the amount of$249,611; 3. Authorize the expenditure of a 5% contingency in the amount of$12,480; and 4. Authorize an appropriation in the amount of$262,091 to Account 1705303-5650/2054705- 0 (Capital Project/Comar Power Upgrade) from the Municipal Utility Fund (Fund 705). BACKGROUND: The industrial building located at 9595 Utica Ave is a 227,000 square foot industrial distribution facility built and completed in 2019. The building was built as a spec-building (i.e., the ultimate tenant was unknown at the time of development) with a single 4000 Amp electrical service. The current occupant of the industrial building, Comar Inc. requested that RCMU provide a large power design upgrade to the site in December 2019 in anticipation of new manufacturing machinery that will be used at the facility. Comar Inc. produces high-quality plastic molding for the healthcare industry. RCMU staff and the Comar Inc. design team have been working on the design upgrade for almost a year. The scope of work for this Project consists of, but is not limited to removal and upgrade of the existing pad mounted switch and transformer to two (2) new larger size switches and four (4) new transformers and installing new cabling infrastructure including cables, and connections needed to interconnect to RCMU's existing infrastructure. All upgrades and improvements will be paid for by Comar Inc. ANALYSIS: A request for proposals was prepared and sent out to three (3) pre-qualified vendors on December 17, 2020. On January 13, 2021, three (3) bids were received for the Project. Staff reviewed the bids and finds Henkels & McCoy Inc. to bethe lowest responsive bidder for the above-mentioned Project. A copy of Amendment No. 01 to the Agreement with Henkels & McCoy Inc. is on file with Page 241 the City Clerk's Office. FISCAL IMPACT: An appropriation in the amount of$262,091 from the Municipal Utility Fund (Fund 705)to Account No. 1705303-5650/2054705-0 (Capital Project-Comar Power Upgrade) is needed to fully fund the Project. Upon completion of the work, Comar Inc. will reimburse RCMU for the cost of the proposed upgrades. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community. ATTACHMENTS: N/A Page 2 Page 242 H6NOfl � CITY OF • CUCAMONGA T x2r, DATE: February 3, 2021 TO: Mayor and Members of the City Council President and Members of the Board of Directors FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Trina Valdez, Utilities Operations Supervisor SUBJECT: Consideration of Amendment No. 02 to the Agreement with Pacific Utility Installation Inc. (CO#19-085) in the Amount of $60,975, plus a 5% Contingency for the Fire Station 3 - SCE Exit to RCMU Project and Authorization an Appropriation in the Amount of$6,525. (CITY/FIRE) RECOMMENDATION: Staff recommends that the City Council/ Fire Board: 1. Approve the plans and specifications for the Fire Station 3 — SCE Exit to RCMU Project (Project); 2. Award and authorize the execution of an amendment to the existing agreement with Pacific Utility Installation, Inc. (CO#19-085), the lowest responsive bidder for the Project, in the amount of$60,975; 3. Authorize the expenditure of a 5% contingency in the amount of$3,050; and 4. Authorize an appropriation in the amount of$6,525 to Account 1705303-5650/2036705- 0 (Capital Project/Fire Station 3-Exit to RCMU) from the Municipal Utility Fund (Fund 705). BACKGROUND: Fire Station 3, located at 12270 Firehouse Court, currently obtains electric service from Southern California Edison (SCE). The Rancho Cucamonga Municipal Utility (RCMU) has been providing electric service to the greenfield (i.e., previously undeveloped) areas adjacent to Fire Station 3 over the last 2 years as new residential and commercial developments have been built. In consultation with the City Manager and the Rancho Cucamonga Fire Protection District, staff believes that, where feasible, existing City and Fire facilities, should be transferred from SCE service to RCMU as opportunities arise. The scope of work for this Project consists of, but is not limited to, connection of the fire station to RCMU's existing distribution equipment, furnishing and installing new substructure and cabling infrastructure including cables, connections, and a transformer needed to interconnect to RCMU's existing infrastructure. Page 243 ANALYSIS: A request for proposals was prepared and sent out to three (3) pre-qualified vendors on December 17, 2020. On January 13, 2021, three (3) bids were received for the Project. Staff reviewed the bids and finds Pacific Utility Installation, Inc. to be the lowest responsive bidder for the above- mentioned project. A copy of Amendment No. 02 to the Agreement with Pacific Utility Installation, Inc. is on file with the City Clerk's Office. FISCAL IMPACT: A total of$57,500 has been budgeted in Fiscal Year 2020/21 from the Municipal Utility Fund (Fund 705). An appropriation in the amount of $6,525 from the Municipal Utility Fund (Fund 705) to Account 1705303-5650/2036705-0 (Capital Project-Fire Station 3-Exit to RCMU) is needed to fully fund the Project. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the construction and maintenance of high-quality public improvements that promote a world class community. ATTACHMENTS: N/A Page 2 Page 244 CITY OF RANCHO CUCAMONGA $l DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Anne McIntosh, AICP, Planning Director Flavio Nunez, Management Analyst II SUBJECT: Approval and Execution of a Purchase and Sale Agreement Between the City of Rancho Cucamonga and Core5 Industrial Partners, LLC for Property Commonly Known as APN 0229-021-97-0000 Generally Located at the North East Corner of Arrow Route and Rochester Avenue. (CITY) RECOMMENDATION: Staff recommends that the City Council approve the Purchase and Sale Agreement, for the disposition of surplus property commonly known as APN 0229-021-97-0000, generally located at the north east corner of Arrow Route and Rochester Avenue (Subject Property), and authorize the City Manager to execute documents related to the disposition of Subject Property. BACKGROUND: In 2015 the City acquired the Subject property and has reminded vacant since its acquisition. On May 20, 2020 the City Council approved Resolution No. 2020-037 (See Attachment 1) declaring pursuant to Government Code Section 54221 that real property owned by the City located at the north east corner of Arrow Route and Rochester Avenue (APN: 0229-021-97-0000) is surplus land and not necessary for the City's use, finding that such declaration is exempt from environmental review under the California Environmental Quality Act. ANALYSIS: The Subject Property is approximately 2.888 gross acres of vacant unimproved land zoned General Industrial in the City's industrial area. Since its acquisition in 2015 the property has not been necessary for City use. Upon declaring the property surplus, the City received an unsolicited offer to sell the property. The City negotiated a Purchase and Sale Agreement in August of 2020 however, that transaction was terminated by the buyer on October 16, 2020. The City then placed the property on the market and received an acceptable purchase offer from Core5 Industrial (the "Buyer"). At this time the Purchase and Sale Agreement has not be finalized. Should the draft Purchase and Sale Agreement be finalized and executed by the Buyer the Agreement will be provided to Council prior to the meeting. FISCAL IMPACT: There is no impact to the City's General Fund because of this action. Proceeds from the sale of the property will go back into the Capital Reserves Fund. Page 245 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This action does not specifically address a City Council goal; however, this action is consistent with the City Council's decision on May 20, 2020 to declare the Subject Property surplus. ATTACHMENTS: Attachment 1 — Resolution 2020-037 Page 2 Page 246 Recorded in Official Records RECORDING REQUESTED BY County of San Bernardino City of Rancho Cucamonga Bob Dutton AND WHEN RECORDED MAIL DOCUMENT TO: Assessor-Recorder-County Clerk DOC N 2020-0192133 NAME CityClerk 06/11/2020 Titles: 1 Pages: 6 STREET 08:09 AM ADDRESS P.O. Box 807 SAN Fees: 0.00 Taxes: 0.00 G8467 CA SB2 Fee: 0.00 STATE g Rancho Cucamonga, CA 91730 Total: 0.00 ZIP CODE Exempt from recording fees pursuant to Govt.Cod.Sec.27383 SPACE ABOVE FOR RECORDER'S USE ONLY Resolution No. 2020-037 Title of Document TH , S A R'' EA'11 FOR RECOR' ' DIIIER 3 Ly' U,SE ON THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Page 247 RESOLUTION NO. 2020-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT REAL PROPERTY OWNED BY THE CITY LOCATED AT THE NORTH EAST CORNER OF ARROW ROUTE AND ROCHESTER AVENUE (APN: 0229-021-97-0000) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS. WHEREAS, the City of Rancho Cucamonga ("City") is the owner in fee simple of that certain real property described in Exhibit "A," attached hereto and made a part of hereof("Property"); and WHEREAS, under the Surplus Property Land Act, Government Code Sections 54220-54233 ("Act"), surplus land is land owned in fee simple by the City for which the City Council takes formal action in a regular public meeting declaring the land is surplus and not necessary for the City's use. The land must be declared either surplus land or exempt surplus land; and WHEREAS, under the Act, land is necessary for the City's use if the land is being used, or is planned to be used pursuant to a written plan adopted by the City Council, for City work or operations; and WHEREAS, the Property is vacant industrial zoned land and is not currently being used by the City; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations; and WHEREAS, City staff has determined that the Property is not suitable for the City's use; and WHEREAS, the City Council desires to declare that the Property is surplus land and not necessary for the City's use; and WHEREAS, the Act requires that before the City Council disposes of the Property or engages in negotiations to dispose of the Property, the City shall send a written notice of availability of the Property to certain designated entities; and WHEREAS, the accompanying staff report provides supporting information upon which the declaration and findings set forth in this Resolution are based; NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Resolution No. 2020-037 - Page 1 of 5 Page 248 Section 2. The City Council hereby declares that the Property is surplus land and not necessary for the City's use. Section 3. The City Clerk is hereby directed to send a notice of availability, substantially in the form attached hereto as Exhibit "B" and made a part of hereof, to the entities designated in Government Code Section 54222 ("Designated Entities") by electronic mail or by certified mail. Section 4. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). Section 5. The City Clerk is directed to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062. Section 6. The officers and staff of the City are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act. Resolution No. 2020-037 - Page 2 of 5 Page 249 PASSED, APPROVED and ADOPTED this 20th day of May, 2020. L. Dennis Michael, May ATTEST: k 4nice C. Reynol s, City Cler k STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) 1, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 20th day of May 2020. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None CI-10 ABSTAINED: None `O� CVO Q.O= NC?V 00, :�= O` =077 :g4 Executed this 21 st day of May, 2020, at Rancho Cucamonga, California. l% * CITY OF RANCHO CUCAMONGA THE FOREGOING INSTRUMENT IS A CORRECT -. J COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: MAI 20 � 4'- JI nice C. Reynolds,Clerk LINDAA.TROYAN,MMC CITY CLERK SERVICES DIRECTOR MH O CUC GA,CAL 7NIA SY: Resolution No. 2020-037 - Page 3 of 5 Page 250 Exhibit A Legal Description. The west 350.05 feet of Lot 105 of Map of Rochester, In the City of Rancho Cucamonga, County of San Bernardino, State of California, as per Map filed in Book 9 of Maps, Page 20, records of said County, together with the east 60 feet of Orange Avenue adjoining said lot on the west, vacated and abandoned by order of Board of Supervisors of San Bernardino County, A Certified Copy of which was recorded December 18, 1936, in Book 1177, Page 320 of Official Records excepting therefrom that portion of property conveyed to the County of San Bernardino by Deed Recorded September 28, 1925 in Book 17, page 414 of official record. Resolution No. 2020-037 - Page 4 of 5 Page 251 Exhibit B NOTICE OF AVAILABILITY OF SURPLUS LAND TO: Whom It May Concern (Via Electronic Mail [and/or] Certified Mail) RE: Notice of Availability of Surplus Land in the City of Pursuant to California Government Code Section 54220, et seq. Pursuant to the provisions of California Government Code Section 54220, et seq., the City of hereby notifies interested parties of the availability for lease or purchase of the following surplus City-owned land: Property Address: Assessor Parcel No.: Lot Size: Lot Width: Lot Depth Zoning: General Plan Designation: Current Use: [INSERT OR ATTACH AERIAL IMAGE AND/OR ASSESSOR MAP] [INSERT OPTIONAL ADDITIONAL INFORMATION] An entity or association desiring to purchase or lease the above-described surplus land for any of the purposes authorized by Government Code Section 54222, must notify the City in writing of its interest in purchasing or leasing the land within 60 days of the date of this Notice of Availability as indicated by the date set forth below. Please send written notices of interest to: City of City Clerk For further information, please send e-mail inquiries to: at or call at By Date Resolution No. 2020-037 - Page 5 of 5 Page 252 CITY OF RANCHO CUCAMONGA $l DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Brian Sandona, Sr. Civil Engineer SUBJECT: Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. DRC2016-00593, Located on the Southwest Corner of Haven Avenue and Church Street. (RESOLUTION NO. 2021-003), (RESOLUTION NO. 2021-004), (RESOLUTION NO. 2021-005) (CITY) RECOMMENDATION: Staff recommends that the City Council approve the attached resolutions ordering the annexation into Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 related to Case No. DRC2016-00593. BACKGROUND: Case No. DRC2016-00593 was approved by Planning Commission on March 8, 2017 for the construction of a 92-unit residential care facility located on the southwest corner of Haven Avenue and Church Street. This project was approved subject to a condition to be annexed into the appropriate Landscape and Street Light Maintenance Districts. ANALYSIS: The owner, HSH Rancho Owner CA, LLC. has submitted the Consent and Waiver to Annexation Forms for Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2. Copies of these forms are on file with the City Clerk's Office. FISCAL IMPACT: The proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts: Landscape Maintenance District No. 1: $4,241.66 Street Light Maintenance District No. 1: $1,634.84 Street Light Maintenance District No. 2: $3,677.24 Further, the development will construct nine street trees on Church Street that will need to be maintained by the City. No street lights will be constructed for this project. Page 253 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution Ordering Annexation LMD1 Attachment 3 - Resolution Ordering Annexation SLD1 Attachment 4 - Resolution Ordering Annexation SLD2 Page 2 Page 254 Vicinity Map DRC2016-00593 NOT TO SCALE Project Site Q 2 Y v v c C a n 0 N ATTACHMENT 1 Page 255 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. DRC2016-00593 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared Resolution No. XX-XXX— Page 1 of 5 ATTACHMENT 2 Page 256 support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. XX-XXX— Page 2 of 5 Page 257 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HSH RANCHO OWNER CA, LLC The legal description of the Property is: THE "REMAINDER PARCEL" ON THE MAP OF TRACT NO. 17435, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 326, PAGES 19 THROUGH 23, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 1077-881-13-0000 Resolution No. XX-XXX— Page 3 of 5 Page 258 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. DRC2016-00593 Nine Street trees on Church Street Resolution No. XX-XXX— Page 4 of 5 Page 259 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2019/20. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for Case No. DRC2016-00593: EBU* Rate per Land Use Basis Factor EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 92.21 Non-Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 92 Units x 0.50 EBU Factor x $92.21 Rate per EBU = $4,241.66 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 260 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR CASE NO. DRC2016-00593 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared Resolution No. XX-XXX— Page 1 of 5 ATTACHMENT 3 Page 261 support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. XX-XXX— Page 2 of 5 Page 262 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HSH RANCHO OWNER CA, LLC The legal description of the Property is: THE "REMAINDER PARCEL" ON THE MAP OF TRACT NO. 17435, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 326, PAGES 19 THROUGH 23, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 1077-881-13-0000 Resolution No. XX-XXX— Page 3 of 5 Page 263 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project Case No. DRC2016-00593: 0 Street lights Resolution No. XX-XXX— Page 4 of 5 Page 264 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. DRC2016-00593: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 92 Units x 1.00 EBU Factor x $17.77 Rate per EBU = $1,634.84 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 265 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE NO. DRC2016-00593 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared Resolution No. XX-XXX— Page 1 of 5 ATTACHMENT 4 Page 266 support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. XX-XXX— Page 2 of 5 Page 267 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: HSH RANCHO OWNER CA, LLC The legal description of the Property is: THE "REMAINDER PARCEL" ON THE MAP OF TRACT NO. 17435, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 326, PAGES 19 THROUGH 23, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcels Numbers of the Property: 1077-881-13-0000 Resolution No. XX-XXX— Page 3 of 5 Page 268 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 2 (Local Streets): Street Light Maintenance District No. 2 (Local Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Proposed additions to the Improvements for Project Case No. DRC2016-00593: 0 Street lights Resolution No. XX-XXX— Page 4 of 5 Page 269 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No. 2 (Local Streets): The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for Case No. DRC2016-00593: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $39.97 Multi-Family Residential Unit 1.00 39.97 Non-Residential Acre 2.00 39.97 The proposed annual assessment for the property described in Exhibit A is as follows: 92 Units x 1.00 EBU Factor x $39.97 Rate per EBU = $3,677.24 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 270 CITY OF RANCHO CUCAMONGA DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Jason C. Welday, Director of Engineering Services/City Engineer Annette Cano-Soza, Assistant Engineer SUBJECT: Consideration to Order the Annexation to Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 Related to Case No. PMT2020-04723, Located at 5789 Cabrosa Place. (RESOLUTION NO. 2021-006), (RESOLUTION NO. 2021-007), (RESOLUTION NO. 2021-008) (CITY) RECOMMENDATION: Staff recommends that the City Council approve the attached resolutions ordering the annexation into Landscape Maintenance District No. 1 and Street Light Maintenance Districts Nos. 1 and 2 related to Case No. PMT2020-04723. BACKGROUND: Case No. PMT2020-04723 was submitted to the Building and Safety Services Department on November 25, 2020 for the construction of a 464 square foot first floor addition, 594 square foot second floor addition, a 240 square foot patio, and a 204 square foot balcony extension located at 5789 Cabrosa Place. The City's municipal code requires the applicant sign Consent and Waiver Forms to annex the subject property to the appropriate Landscape and Street Light Maintenance Districts. ANALYSIS: The owner, Residential Rehab, Inc. has submitted the Consent and Waiver to Annexation Forms for Landscape Maintenance District No. 1 and Street Light Maintenance District Nos. 1 and 2. Copies of these forms are on file with the City Clerk's Office. FISCAL IMPACT: The proposed annexations would supply additional annual revenue into the landscape and street light maintenance districts in the following amounts: Landscape Maintenance District No. 1: $92.21 Street Light Maintenance District No. 1: $17.77 Street Light Maintenance District No. 2: $39.97 Further, the development will construct no streetlights and no street trees that will need to be maintained by the City. Page 271 COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This item addresses the City Council's vision for the City by ensuring the maintenance of high- quality public improvements that promote a world class community. ATTACHMENTS: Attachment 1 - Vicinity Map Attachment 2 - Resolution Ordering Annexation LMD1 Attachment 3 - Resolution Ordering Annexation SLD1 Attachment 4 - Resolution Ordering Annexation SLD2 Page 2 Page 272 Vicinity Map PMT2020-04723 NOT TO SCALE LJ�-i '.�- W115DI• �A��i�G'�- �� n P Project Site N ATTACHMENT 1 Page 273 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY) FOR PROJECT CASE NO. PMT2020-04723 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Landscape Maintenance District No. 1 (General City) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared Resolution No. XX-XXX— Page 1 of 5 ATTACHMENT 2 Page 274 support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. XX-XXX— Page 2 of 5 Page 275 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RESIDENTIAL REHAB INC The legal description of the Property is: PARCEL MAP 13692 PARCEL 1 BOOK 167 PAGE 94 Assessor's Parcels Numbers of the Property: 0201-182-33-0000 Resolution No. XX-XXX— Page 3 of 5 Page 276 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Landscape Maintenance District No. 1 (General City): Landscape Maintenance District No. 1(General City) (the "Maintenance District") represents various landscaped areas, parks and community trails located at various sites throughout the City. These sites consist of several non-contiguous areas throughout the City. As such, the parcels within this District do not represent a distinct district area as do the other LMD's within the City. Typically, new parcels within this District have been annexed upon development. The various sites maintained by the District consist of parkways, median islands, paseos, street trees, entry monuments, community trails and parks. The parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park, Hermosa Park, and the undeveloped Don Tiburcio Tapia Park. Proposed additions to the Improvements for Project Case No. PMT2020-04723: 0 Street trees Resolution No. XX-XXX— Page 4 of 5 Page 277 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Landscape Maintenance District No.1 (General City): The rate per Equivalent Benefit Unit (EBU) is $92.21 for the fiscal year 2019/20. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City) for Case No. PMT2020-04723: EBU* Rate per Land Use Basis Factor EBU* Single Family Residential Parcel 1.00 $92.21 Multi-Family Residential Unit 0.50 92.21 Non-Residential Acre 2.00 92.21 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EBU Factor x $92.21 Rate per EBU = $92.21 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 278 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR CASE NO. PMT2020-04723 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 1 (Arterial Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and Resolution No. XX-XXX— Page 1 of 5 ATTACHMENT 3 Page 279 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. Resolution No. XX-XXX— Page 2 of 5 Page 280 SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. XX-XXX— Page 3 of 5 Page 281 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RESIDENTIAL REHAB INC The legal description of the Property is: PARCEL MAP 13692 PARCEL 1 BOOK 167 PAGE 94 Assessor's Parcels Numbers of the Property: 0201-182-33-0000 Resolution No. XX-XXX— Page 4 of 5 Page 282 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 1 (Arterial Streets): Street Light Maintenance District No. 1 (Arterial Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. These sites consist of several non-contiguous areas throughout the City. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. Proposed additions to the Improvements for Project Case No. PMT2020-04723: 0 Street Lights Resolution No. XX-XXX— Page 5 of 5 Page 283 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No.1 (Arterial Streets): The rate per Equivalent Benefit Unit (EBU) is $17.77 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No.1 (Arterial Streets) for Case No. PMT2020-04723: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $17.77 Multi-Family Residential Parcel 1.00 17.77 Non-Residential Acre 2.00 17.77 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EBU Factor x $17.77 Rate per EBU = $17.77 Annual Assessment Resolution No. XX-XXX— Page 6 of 5 Page 284 RESOLUTION NO. XX - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 2 (LOCAL STREETS) FOR CASE NO. PMT2020-04723 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscape and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act", said special maintenance district known and designated as Street Light Maintenance District No. 2 (Local Streets) (the "District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Act authorize the annexation of additional territory to the District; and WHEREAS, such provisions also provide that the requirement for the preparation of resolutions, and assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the Act related to the annexation of territory to the District, Article XIII D of the Constitution of the State of California ("Article XIII D") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the District on the territory proposed to be annexed to such District; and WHEREAS, the owners of certain property described in Exhibit A attached hereto, and incorporated herein by this reference, have requested that such property (collectively, the "Territory") be annexed to the District in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the Act to the annexation of the Territory to the District and have expressly consented to the annexation of the Territory to the District; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the Act and/or Article XIII D applicable to the authorization to levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared Resolution No. XX-XXX— Page 1 of 5 ATTACHMENT 4 Page 285 support for, consent to and approval of the authorization to levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly agreed for themselves, their heirs, successors and assigns that: (1) The proportionate special benefit derived by each parcel in the Territory from the District Improvements has been determined in relationship to the entirety of the maintenance and operation expenses of the Improvements; (2) The proposed annual assessment does not exceed the reasonable cost of the proportional special benefit from the Improvements conferred on each parcel in the Territory. (3) Only the special benefits derived or to be derived by each parcel in the Territory from the Improvements have been included in the proposed annual assessment. WHEREAS, at this time the City Council desires to order the annexation of the Territory to the District and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. C. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation the Territory to the District, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C. SECTION 4: All future proceedings of the District, including the levy of all assessments, shall be applicable to the Territory. PASSED, APPROVED, AND ADOPTED this day of 2021. Resolution No. XX-XXX— Page 2 of 5 Page 286 Exhibit A Identification of the Owner and Description of the Property to be Annexed The Owner of the Property is: RESIDENTIAL REHAB INC The legal description of the Property is: PARCEL MAP 13692 PARCEL 1 BOOK 167 PAGE 94 Assessor's Parcels Numbers of the Property: 0201-182-33-0000 Resolution No. XX-XXX— Page 3 of 5 Page 287 Exhibit B Description of the District Improvements Fiscal Year 2020/21 Street Light Maintenance District No. 2 (Local Streets): Street Light Maintenance District No. 2 (Local Streets) (the "Maintenance District") is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets throughout the City but excluding those areas already in another local maintenance district. Generally, this area encompasses the residential area of the City west of Haven Avenue. The sites maintained by the District consist of street lights on local streets and traffic signals (or a portion thereof) on local streets generally west of Haven Avenue. Proposed additions to the Improvements for Project Case No. PMT2020-04723: 0 Street lights Resolution No. XX-XXX— Page 4 of 5 Page 288 Exhibit C Proposed Annual Assessment Fiscal Year 2020/21 Street Light Maintenance District No. 2 (Local Streets): The rate per Equivalent Benefit Unit (EBU) is $39.97 for the fiscal year 2019/20. The following table summarizes the assessment rate for Street Light Maintenance District No. 2 (Local Streets) for Case No. PMT2020-04723: EBU Rate per Land Use Basis Factor* EBU* Single Family Residential Parcel 1.00 $39.97 Multi-Family Residential Unit 1.00 39.97 Non-Residential Acre 2.00 39.97 The proposed annual assessment for the property described in Exhibit A is as follows: 1 Parcels x 1 EBU Factor x $39.97 Rate per EBU = $39.97 Annual Assessment Resolution No. XX-XXX— Page 5 of 5 Page 289 CITY OF RANCHO CUCAMONGA DATE: February 3, 2021 TO: Mayor and Members of the City Council FROM: John R. Gillison, City Manager INITIATED BY: Darryl Polk, Director of Innovation and Technology SUBJECT: Consideration of Amendment No. 001 to the Professional Services Agreement with Accela, Inc. for Laserfiche Integration Services. (CITY) RECOMMENDATION: Staff recommends that the City Council approve Amendment No. 001 to contract no. 18-062 with Accela, Inc. to add Laserfiche automated integration services in the total amount not to exceed $24,000 for the duration of the existing agreement. BACKGROUND: On June 6, 2018, the City of Rancho Cucamonga and Accela, Inc. entered into a maintenance and support agreement, City contract no. 18-062, for four years covering maintenance, support and cloud-hosting services. This platform, which is hosted in the Accela Cloud, uses an open architecture and a centralized database, allowing information to be shared across departments, improving communication between City staff, business partners and residents. The system provides record keeping for the Planning, Building and Safety, Engineering, and Fire Departments. As part of the initial 2015 project, the City commissioned an integration to automatically move finalized items of record from between the Accela and Laserfiche applications. Within a year the integration stopped working and it was eventually determined that the hosted updates from Accela would not support the continuous integration with Laserfiche, requiring staff to manually scan and upload documents between the disparate systems. ANALYSIS: Since 2016, the City has expended significant resources towards the manual scan-and-upload process to move documents from Accela to Laserfiche, resulting in a backlog of work and difficulty researching and locating important items of record for all development related Departments. In 2019 the Building and Safety Department requested to re-examine the ability to integrate Accela and Laserfiche to automate the process of archiving items of record. The Department of Innovation and Technology (DoIT) worked with Accela and Laserfiche to find a comprehensive solution that accounted for version updates between both systems. Both Accela and Laserfiche recommend using Velosimo as a third-party adapter to connect both systems, accounting for version upgrades and patches from either platform. Page 290 The initial costs to establish the Velosimo gateway include $6,000 payable directly to Velosimo for setup costs, $10,000 to Accela for annual service costs, and $6,000 to Laserfiche for annual licensing costs for a projected total cost of $22,000 in the current fiscal year. Staff recommends authorizing an additional 10% contingency allowance of $2,000, for a total not-to-exceed allowance of$24,000 for this project. The total ongoing cost for the subscription gateway is $16,000 per year, payable to Accela and Laserfiche. Documents related to this amendment are on file with the City Clerk's Office. FISCAL IMPACT: The startup costs for the project will be covered using savings from DoIT Contract Services Account No. 1001209-5300 and Development Account No. 1001301-5200 in the current fiscal year 2020/21 budget. Staff will include the $16,000 annual subscription cost in subsequent proposed budgets, which will be offset by projected reduced contract copy and scanning costs that historically run between $30,000 and $50,000 annually. COUNCIL MISSION /VISION / GOAL(S) ADDRESSED: This project supports Council's core values of promoting and enhancing a safe and healthy community for all and continuous improvement by streamlining the administrative task of printing, scanning and uploading building and safety documents to the City's record repository. ATTACHMENTS: None Page 2 Page 291 in C�ea yy b Southwest Cucamonga vw 0...T....portationFunding.org MSRC- Class I Bikeways Project -4. OR CITY OF RANCHO CUCAMONGA j February 2021 ,����in Coed yy O Background Info ww,0—T,—.dati—F-din o p g rr MSRC • Funding for this project was a 50/50 split between the City and MSRC. • MSRC = Mobile Source Air Pollution Reduction Review Committee . • Part of South Coast Air Quality Management District. • Promoting and improving air quality. 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