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HomeMy WebLinkAboutAgenda Report - February 5, 2003 E-1211, 11 1111111111111iiq��i 1`1111 AGENDA TITLE: Approval of the Joint Exercise of Lowers Agreement; Sart Joaquin County Fire radio Users Authority MEETING G .T : February 5, 2003 PREPARED Y: Michael Pretz, Fire Chief RECOMMENDED ACTION, `What Council approves the agreement. BACKGROLIND INFORMATION: In July of 2001 the City of Lodi entered into an agreement with the City of Stockton to provide fire dispatching services thr ough. the Stockton Regional Emergency Communications Center. Moreover, the Lodi. Fire Department participates as a member of the Joint Radia Users Group. The User Group fosters cooperation and .serves as a vehicle to evaluate joint operations as they pertain to the radia communications, As a participant in the county -wide consortium, the Lodi Fire Department pays for upgrading equipment, replacement of equipment and maintenance casts in addition to emergency: dispatching services, Funding for these activities is already a part of on-going budgets. The intent of this agreement is to formalize the relationship between the Joint Radio User pa icipants in order to provide a mechanism for maintenance, repair, upgrade, and replacement of radio equipment. ipment. Priior to this agreement these activities were carried out through the Waterloo -I orada Fire District. We ask for Cowicil approval and to direct the City Manager to sign the agreement, The signature page is currently in circulation between the signing entities. FUSING: None Michael E. Pretz Fire Chief ;g ��m eaaaeaas �s�aws� �« a:.ncp �garxsxa��ca. JOINT IS F POWERS AGREEMENT SAN J A UIN COUNTY FIRE RADIOUSERS AUTHORITY `Y 3 THIS AGREEMENT is rade this day of _ , 200 by and among the Escalon Consolidated Fire Protection District (ESL), the Ripon Consolidated Fire Protection District (RIP), the Farmington Rural County Fire Protection District (FAR), the Linden -Peters Rural County Fire Protection District (LPE), the Clements Dural County Fire Protection District (CLE), the Woodbridge Rural County Fire Protection Distrirt (WOO), the Delta Fire Protection District (DFD), the .French Camp -McKinley Rural County .Fire Protection District (FRC), the Liberty Rural County Fire Protection District (LIB), the okeiumne Fire Protection District ( E), the Collegeville Fire .District (CCTV), the Waterloo-Morada Rural County Fire Protection District (WMR), the Thornton Rural County Fire .Protection District. (THO), the Montezuma Fire Protection. District (ZI ), the Lodi Fire Department (LLD), collectively call the "Califamia Fire Protection Districts", as follows. A. The Members have determined that a joint use of a Central Communication Network reduces the costs that would otherwise be incurred by each Party. The Members have determined that through a formal Agreement, they should fund the costs associated with maintaining, upgrading, and replacing the equipment necessary to operate a Communications Network with casts shared by the Parties that utilize the emergency Communication Equipment, The Members have determined that joint use of a Central Carnmunication Network is also intended to foster• cooperation among the Pasties and to serve as a vehicle for eval tatinc other opportunities for joint operations. 4. The Ccammunicatious Center at 110 W. Sonora Street, Stockton, CA was constructed and is owned by the City of Stockton. Ownership of real property and facility housing the Stockton Communications Center will remain solely with the City of Stockton and is not a subject of this agreement. Article I Definitions 1.01 For the purpose of this Agreement, the wards or terms specified in this section shill have the following meanings, 1.02 uthority94 shall mean a public entity known as "San Joaquin County Fire Radio User Authority which is separate and apart from its Members. 1.03 Board" shall mean the Board of Directors of the Authority also referred to as the San Joaquin County Fire Radio Users Authority Board. 1.04 "Central Communication Network" shall mean the centralization of emergency equipment for Members use. 1,0 "Capital Improvement Project" sell mean the acquisition of any piece of Communications Equipment. 1.06 "Conunurtications Center" shall. mean that portion of any structure or physical fa ility;that house Communication Equipment andfor Communication Center Staff l.iii ;"Cornrnu icationsEquipment" shall mean all electronic equipment, including telephones, telephone lines, radios, computers and software located within, or connected to, the Communications Center and utilized for the fire or rescue -related emergency Communications of any Parties. 1.08 "Member" shall mean any entity that is a signatory to this Agreement upon its effective date or becomes a subsequent signatory to this Agreement. L09 "Communications Center Staff or Staff' shall mean all personnel employed by or as agents of the City of Stockton performing services related to the opt -rations and maintenance of the Stockton Communication Center. 1.10 "Fiscal gear" shall mean the twelve-month period. conunencing July 1 and concluding June 30. Article II Creation of Authority 2,01 Pursuant to Government Code Section 6500 et seq, there is hereby created a public entity to be known as "San Joaquin County Fire Radio User Authority" which shall be a public, entity separate and apart from the Members, and shall administer this Agreement, Article III Purpose and Powers 3.111 The primary purpose of this Agreement is to provide for the maintenance, repair,. upgrade and replacement of the Communication Equipment, This Agreement is intended to provide a formal mechanism by which the Authority can fund these activities to provide the highest levet of emergency communications services, 3.02 The Authority shall Dave the power to do any of the following; To make and enter into contracts for the purpose of maintenance and repair of communications. equipment owned by the Authority, To retain the services of fire suppressiori specialist, emergency communications consultants and such other persons, agencies or companies with specialized knowledge or ability capable of assisting the Authority in achieving the purpose of this Agreernerttg `1'o acquire, hold or dispose of property by any lawful means; N 4. To receive gifts, contributions, grants and donations of property, funds, services and other forms of assistance from any person, firm, entity, corporation or public agency, To apply for any grant or grants offered in conjunction with any federal, state or local program that is in any way related to the purpose of this Agreement. 3.03 The powers of the Authority shall be exercised in the manner provided in Government Code Section 6509 and to the restrictions upon the manner of exercising such powers that are imposed upon the Fire Protection Districts operation, under the fire Protection District Law of 1987 in the exercise of similar powers. Article IV Pair Share Funding 4.01 Each Member shall pay their fair share- of the costs to implement this Agreement. Each Member agrees to the following: 4,02 Using historical data to determine the number of incidents, each Member will pay a percentage of the coasts to repair and maintain the equipment based on their percentage of the total Incidents. 4.03 Using historical data to deterrrrine the number of incidence, each Member will paya percentage of the costs based on their percentage of the total incidents to replace,.upgade and add communication equipment as necessary and determined by action of the Board. The Board will set an amount to be collected in anticipation of the needs and each. Member will contribute their portion to a fund established and controlled by the Board. 4.04 Using historical data to deterrni= the number of incidents, each Member will pay a percentage of the cost to adirdnister the funds listed above. AdrnJnistratfve cast will be 2% of the total of funds described i "A" and "B" above. 4,05 ° e secr'ecary will .send billings to each Member on a monthly schedule. Billings will be seat thirty (30) days prior to the due date. Payment will be due within fifteen (15) days prior to the month of service, The invoice will include information on the amounts billed for maintenance of equipment, capital improvement and administrative costs. Initial billing will be seat within thirty (30) days of the initiation of this agreement. 4.06 In the event emergency repairs or replacement of communication equipment become necessary and the costs exceed the available funds, each Member will be assessed an additional am ount rasing historical data to determJne the number ofincidents and each Member paying a percentage of the additional cost. Article V Communications Equipment 5.01 Certain coraamunications equipment was acquired by the joint efforts of all Members listed in this Agreement. 5,02 Ownership of this existing equipment shall remain with the Authority as listed in this. Agreement, If a Member elects to withdraw from this Agreement that Member will forfeit their claim to any and all equipment and any equipment acquired by the Authority during the life of this Agreement. S.Q3 Ownership of the equipment existing as of the date of teraaaination of this Agreement err at the end of its useful life shall vest with the Authority and shall be disposed of as set forth in Article X. 5.04 The Authority shall maintain and repair all comanuni cations equipment. The Board shall enter into contractual agreement with an agency, company, firm or tither identified resource to provide the maintenance. Farads for the contract will be acquired as described in Article IV 5.05 The Authority shall upgrade, replace or add communications equipment as necessary and upon the detemination of the Board. Funds for these purchases will be acquired as described in Article W. 5.06 Each Member shall be responsible to maintain, upgrade, replace or add communications equipment to its own agency as needed. Examples of equipment that each agency shall be responsible for include, but is not limited to, mobile radios, portable radios, pages and station base radios. 5,07 Prior to any Member installing equipment that may cause rather Members additional costs or may alter the policies and procedures of dispatch, the Member shall present the proposal to the Board and receive approval. 5.0$ Each Member will be required to maintain a back-up emergency dispatch system that,. in the event the Communications Center system becomes disabled or inoperative, gill allow each Member to provide altemative emergency communications services within that Member's jurisdiction. Article VT Governing Body 6.01 The Authority shall be administered by a Board of Directors. The Board shall consist of one repres ntative from each agency lasted as a party to this Agreement, each representative to serve at the pleasure of its appointive governing body. The Board shall be called the "Sara Joaquin County Fire Radio Users Authority Board". All voting poorer of the Authority shall reside in the Beard, 6.132 The Board shall provide for calling and conducting its regular meetings and special S meetings, in accordance with the Ralph M. Brown Act, Government Cade Section 54950 et seq. 6.03 The secretary shall cause to be kept summary minutes of the meetings of the Board and shall, as saga as passible after each meeting, cause a copy of the summary rMinutes to be forwarded to each Director and to each of the Members. 6.04 Each Director shall have one vote. 6,05 A quorum of the Board for the convening of any meeting shall consist of a majority of all Directors. An affirmative vote of at Ieast a majority of the quorum shall be required for any action of the Board 6,06 The Board.may adapt, h'om time to tirnt% such bylaws and regulations for the conduct of its meetings as are necessary for the purposes herein. Article V11 Officers and Committees 7,01 The Board. shall elect a President, Vice President, Treasurer and Secretary from among the Directors, 7,02 President shall sign all contracts authorized by the Board and shall represent the Board as directed by the Board and perform such other duties as may be imposed by the B ard;' 7.03 The dice President shall perform all of the President's dirties in the absence of the President, 7,04 The Treasurer/Auditor shall be responsible for the Authority billings; collection of Authority m4aney and pay all suras due from the Authority and perform those duties as outlined by the Board; and 7.135 The Secretary shall countersign all contracts signed by the President or Vice President on behalf of the Authority, perform such other duties as may be unposed by the Board. 7.06 The Board will consist of the officers listed in Section 7.01. In addition, the President will appoint committees and/or `task Forces as necessary, Required Comnm ttees/Ta-sk Pores are identified with an asterisk (*): Committee Task Forces are: 1. Budget Committee* 2, Maintenance Committee* 3, Capital Improvement Committee* 4, Policy and Procedure Committee 5. Election Corrirrrittee 6, Special Project Task Force Ad Hoc Corr anittees as needed. 7.07 The Authority Treasurer shall be the depositary, shall have custody of all the money of the Authority from whatever source, and shall have the duties and obligations of the `treasurer as set forth in Government Code Sections 6505 and 6505.5. The Authority Treasurer shall be responsible for receiving quarterly reports from the Secretary and verifying the balance of this report with respect to the balance as maintained by the records of the Authority Auditor. 7.08 The Authority Auditor shall have the duties and obligations of the Auditor set forth in Government Code Sections 6505 and 6. 05.5. The Authority Auditor shall assure strict accountability of all receipts and disbursements of the Authority and shall make arrangements with a certified public accountant or firm of certified public accounts for the annual audit of accounts and records of the Authority. 7,09 Pursuant to Government Code Section 6505. 1, the Authority Treasurer shall have charge of, handle and have access to all accounts, funds and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the ,Authority. Article V111 Accounts and Reports 8.01 The Authority Treasurer/Auditor shall establish and maintain such funds and accounts:as may be rewired by good accounting practice. The boobs and records of the Authority. shall be open to inspection at all reasonable times by the public and representatives of the Members. The Auditor, within 120 days. after the close of each Fiscal Year, shall give. a complete written report of all financial activities for such Fiscal Year to the Members. 8.02 The Authority Treasurer small receive, have the custody of and disburse Authority funds as nearly as passible in, accordance with generally accepted accounting practices, shall make the disburser tints required by this Agreement, or to carry out any of the provisions or purposes of this Agreement. 5.03 The Authority Board shall adapt an annual budget to include the casts of mainteriance, upgrade, replacerrzcnt and additions to the emergency communications equipment, With the exception of the first year, the Budget Committee will present the proposed budget to tirc Board for adoption by May 1 of each year. ,Article IX Insurance 9.01 There must remain in full force and effect a comprehensive general liability policy of . insurance naming the Authority as insured for life of this Agreement. Amount of such policy shall be no less than I million (1,000,000.00) combined single hrrat per occurrence for bodily injury including personal injury and property damage, 9,02 During the entire term of the contract, the Authority shall obtain and maintain in full force and effect Director liability insurance. Policy limits of said insurance shall be no less than combined single limit per occurrence. 6 Article Term; Withdrawal; Termination, Breach 10 01 The Authority may accept new members at any time.. The agency requesting to be part of this Agreement will make a written application to the Board stating the appropriate information that will allow the Board to made a decision on the request. The Board will meet and have the request on a written agenda, identified as an action iters and sent to all current Members. New Members may be required to contribute funds andlor resources to the .Authority by the Board. 10.02 The debts, liabilities, and obligations of the Authority shall be the debts, liabilities, and obligations of the Authority and not those of the individual Members. The Authority shall defend, Indemnify, and hold harmless, the Members, their officers, agents and employees. 10.03 A Mvmber, may withdraw f om the Authority at the end of any Fiscal Year by giving written notice of its intentions to terminate to the Board no later than December 31 prior to the termination of the Fiscal Year in which the Member intends to withdraw. Withdrawal of a Member, however, shall not relieve the withdrawing Member of their funding. responsibility. A Member who voluntarily withdraws will forfeit any rights and claims on funds and resources under the control of the Authority. i 0.04 Ippon the termination of this Agreement, the disposition of any assets under the control of the Authority will be dispersed in a manner determined by the Board. After satisfying any and all debts and obligations, any funds remaining under the control of the Authority will be dispersed to the Members. Using historical data to determine the number of incidents and the percentage of the total for each Member Agency, any remaining assets will be returned to each Mernbcr based on that data. 1 U105 The Beard shall have the authority to terminate the Membership of any Member in the: event the Member breaches its duties pursuant to this Agreement, Breach of duties will include, but are not limited to, failure to pay any assessment described in this Agreement. 1 -he President will notify the Member of the breach and allow the Member sixty ( 0) days to correct the breach. if the Member does not cure the violation within the allotted time, the President will bring the violation to the Membership Committee for review. The Policy and Procedure Corrunittee will investigate the charges and make a recommendation to the Board at a meeting with a written agenda, listing the item as an action item. if the majority of the Board votes to terminate, the President will notify the Member within thirty (30) days of the action tapeta by the Board. Termination of the Membership shall not relieve the terminated Member of its proportionate share of any debts or other liabilities incurred by the Authority prior to the effective date of such terrraination, or any liabilities imposed upon or incurred by the Member pursuant to this Agreement prior to the effective date of such ter --nation. The termination shall result in the forfeiture of all rights and claims of the terminated Member to any funds or resources controlled by the Authority.