HomeMy WebLinkAboutJoint Powers Agreement Establishing joint property and evidence storage2
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JOINT POWERS AGREEMENT
This Joint Powers Agreement, made and entered into this j� day o,
2007, by and between the County of Fresno, a political subdivision of the State of
California, and the City of Fresno, a municipal corporation of the State of California
(hereinafter collectively "Member Agencies").
WITNESSETH
WHEREAS, the parties have mutual interests in joining together to establish joint
property and evidence storage and accelerated prisoner processing, assume
management of the two separate dispatch centers currently run by the County of
and the City of Fresno, as well as to continue studying integration of public safety
dispatch systems and facilities; and
WHEREAS, it is the interest and desire of the parties to enter into a Joint Powers
Agreement to establish a public entity, separate and apart from the parties hereto, as
hereinafter described and set forth, which entity shall then set about the task of
accomplishing the purpose of this Joint Powers Agreement in a manner most capable
promoting the greatest public good and welfare; and
WHEREAS, the parties hereto are each empowered by law to provide for these
administrative law enforcement functions either directly or by contract or similar
arrangement; and
WHEREAS, any law enforcement services provided by the Public Safety Joint
Power Authority will be subject to a Member Service Agreement.
NOW, THEREFORE, in consideration of the above recitals, of the mutual
promises and agreements herein contained and for other valuable consideration, the
parties hereto do hereby agree as follows:
SECTION 1. PURPOSE
This Joint Powers Agreement (hereinafter referred to as "Agreement') is made
pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title 1 (commencing with
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Fresno County Counsel
2220 Tulare Street, 5e Floor
Fresno. Caldomie 93721
Section 6500) of the Government Code of the State of California, (hereinafter referred
as the "Act") for the express purposes of:
(a) establishing and providing for joint property and evidence storage to serve
the parties' law enforcement personnel through contract with the City of Fresno;
(b) establishing and providing joint accelerated prisoner processing to serve
parties' law enforcement personnel through contract with the County of Fresno;
(c) assuming management of the dispatch center currently run by the County
Fresno, in accordance with the policies and procedures adopted by the Sheriff;
(d) assuming management of the dispatch center currently run by the City of
Fresno, in accordance with the policies and procedures adopted by Fresno City's Chief
of Police; and
(e) studying integration of public safety dispatch systems and facilities.
The purpose of this Agreement shall be accomplished and the common powers
of the parties hereto exercised in the manner hereinafter set forth, subject however to
such restrictions as are applicable to the City of Fresno in its manner of exercising such
powers, as required by Government Code section 6509.
The term management as used in this Section shall include but not be limited to
overseeing the day to day operations, fiscal oversight, hiring, conducting personnel
investigations, implementing appropriate employee discipline and other similar
management responsibilities as defined within Section 5. It is understood that the
Authority's ability to hire, fire and discipline employees is limited to Authority employees
and does not apply to Member Agency employees. No change in the terms and
conditions of Member Agency employees' employment can occur until the Member
Agency complies with the provisions of the Meyers-Milias-Brown Act (Government Cod(
section 3500 et seq.).
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Fresno County Counsel
2220 Tulare Street, 5° Floor
Fresno, California 93721
SECTION 2. CREATION OF AUTHORITY
Pursuant to the Act, there is hereby created a public entity to be known as the
Public Safety Service Joint Powers Authority, hereinafter referred to as the "Authority".
The Authority shall be a public entity, separate and apart from the parties hereto, as
provided by law and not otherwise prohibited by this Agreement shall be empowered to
take such actions as may be necessary or desirable to implement and carry out the
purpose of this Agreement.
SECTION 3. TERM
This Agreement shall become effective as of the date hereof and shall continue
in full force and effect until terminated as provided in Section 4 below.
SECTION 4. TERMINATION AND AMENDMENTS
(a) Subject to the provisions contained in Section 4(c) below, the Member
Agencies hereto may terminate or amend this Agreement by mutual written consent.
(b) Subject to the provisions contained in Section 4(c) below, any Member
Agency hereto may withdraw from participation in this Agreement by giving twelve (12)
months' written notice thereof to the other Member Agencies.
(c) This Agreement cannot be terminated, nor can a Member Agency withdraw
from participation in this Agreement, until all forms of indebtedness incurred by the
Authority have been paid, or adequate provision for that Member's proportionate share
of Authority indebtedness has been funded to the Authority.
(d) In the event this Agreement is terminated, any property acquired by the
Authority, including but not limited to money, shall be divided and distributed between
the Member Agencies in proportion to the contributions made, including contributions
made as provided in Section 11 below, unless otherwise required by law.
SECTION 5. POWERS AND DUTIES OF AUTHORITY
The Authority shall have the powers common to the parties to this Agreement to:
(a) Exercise those powers enumerated in the Act as the same now exists or
hereinafter be amended;
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Fresno County Counsel
2220 Tulare Street, 5° Floor
Fresno, California 93721
SECTION 2. CREATION OF AUTHORITY
Pursuant to the Act, there is hereby created a public entity to be known as the
Public Safety Service Joint Powers Authority, hereinafter referred to as the "Authority".
The Authority shall be a public entity, separate and apart from the parties hereto, as
provided by law and not otherwise prohibited by this Agreement shall be empowered to
take such actions as may be necessary or desirable to implement and carry out the
purpose of this Agreement.
SECTION 3. TERM
This Agreement shall become effective as of the date hereof and shall continue
in full force and effect until terminated as provided in Section 4 below.
SECTION 4. TERMINATION AND AMENDMENTS
(a) Subject to the provisions contained in Section 4(c) below, the Member
Agencies hereto may terminate or amend this Agreement by mutual written consent.
(b) Subject to the provisions contained in Section 4(c) below, any Member
Agency hereto may withdraw from participation in this Agreement by giving twelve (12)
months' written notice thereof to the other Member Agencies.
(c) This Agreement cannot be terminated, nor can a Member Agency withdraw
from participation in this Agreement, until all forms of indebtedness incurred by the
Authority have been paid, or adequate provision for that Member's proportionate share
of Authority indebtedness has been funded to the Authority.
(d) In the event this Agreement is terminated, any property acquired by the
Authority, including but not limited to money, shall be divided and distributed between
the Member Agencies in proportion to the contributions made, including contributions
made as provided in Section 11 below, unless otherwise required by law.
SECTION 5. POWERS AND DUTIES OF AUTHORITY
The Authority shall have the powers common to the parties to this Agreement to:
(a) Exercise those powers enumerated in the Act as the same now exists or
hereinafter be amended;
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Fresno County Cwnsel
2220 Tulare Street, 5" Flow
Fresno, California 93721
(b) Do all acts necessary or convenient to the exercise of the foregoing and to
accomplish the purposes of this Agreement, including but not necessarily limited to the
following:
1. To make and execute all contracts, agreements and documents.
2. To employ agents, servants and employees.
3. To acquire, hold and dispose of property, both real and personal.
4. To acquire, construct, maintain, manage, operate and lease buildings,
works and improvements.
5. To accept gifts.
6. To sue and be sued in its own name.
7. To apply for and receive any available federal, State and/or local
grants.
8. To employ legal counsel.
9. To employ consultants.
10. To adopt a budget.
11. To incur debts, liabilities and obligations, including the issuance of
bonds in accordance with the Joint Exercise of Powers Act, subject
to prior review and approval of the Council of the City of Fresno and
the Fresno County Board of Supervisors.
12. To establish a treasury for the deposit and disbursement of funds
and monies, according to the policies and procedures set forth in this
Agreement.
13. To invest any money held in the treasury that is not required for
immediate necessities of the Authority, as the Authority determines is
advisable, in the same manner and upon the same conditions as
local agencies pursuant to Section 53601 of the Government Code.
The listing of the above acts is not intended to indicate any priority of one act
over another. Nor is such listing intended to be inclusive, and other acts may be done
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Fresno County Cwnsel
2220 Tulare Street, 5" Flow
Fresno, California 93721
(b) Do all acts necessary or convenient to the exercise of the foregoing and to
accomplish the purposes of this Agreement, including but not necessarily limited to the
following:
1. To make and execute all contracts, agreements and documents.
2. To employ agents, servants and employees.
3. To acquire, hold and dispose of property, both real and personal.
4. To acquire, construct, maintain, manage, operate and lease buildings,
works and improvements.
5. To accept gifts.
6. To sue and be sued in its own name.
7. To apply for and receive any available federal, State and/or local
grants.
8. To employ legal counsel.
9. To employ consultants.
10. To adopt a budget.
11. To incur debts, liabilities and obligations, including the issuance of
bonds in accordance with the Joint Exercise of Powers Act, subject
to prior review and approval of the Council of the City of Fresno and
the Fresno County Board of Supervisors.
12. To establish a treasury for the deposit and disbursement of funds
and monies, according to the policies and procedures set forth in this
Agreement.
13. To invest any money held in the treasury that is not required for
immediate necessities of the Authority, as the Authority determines is
advisable, in the same manner and upon the same conditions as
local agencies pursuant to Section 53601 of the Government Code.
The listing of the above acts is not intended to indicate any priority of one act
over another. Nor is such listing intended to be inclusive, and other acts may be done
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Fresno county Cooneel
2220 Tulare Street, 5" Flow
Fresno, CalHomis 93721
in the accomplishment of the purposes of this Agreement as are authorized. One or
several acts may take place concurrently or in sequence.
Management or implementation of the powers and duties of the Authority shall
done in accord with applicable law and shall not be done in a manner that impedes,
jeopardizes or negatively affects the current accreditation status of the Member
Agencies.
SECTION 6. CREATION OF THE BOARD OF DIRECTORS
(a) Creation of the Board of Directors. In order to effectuate the purposes of
this Agreement as set forth herein, the Authority shall be governed by a Board of
Directors (hereinafter called the 'Board"), and all of the powers of the Authority shall be
exercised by the Board as specified below. The Board shall consist of Regular
Members and Specialized Members.
(1) Specialized Members. Specialized Members shall be
(1) representatives of law enforcement personnel, as more fully described below and
(2) three members of the public selected by the Board. The Specialized Members may
only vote on operational matters as described below in Section 7(a). The Specialized
Members shall have no other voting authority.
(2) Regular Members. Regular Members shall be representatives of the
Member Agencies, as more fully described below. The Regular Members shall vote on
all matters as described below in Section 7(b).
(b) Initial Board of Directors. The Initial Board shall be composed of four
Regular Members and five Specialized Members.
(1) Regular Members. Initially, the Board shall include 4 Regular Members
that shall be (a) the Chairperson of the Fresno County Board of Supervisors and one
other member of the Fresno County Board of Supervisors, appointed by the Board of
Supervisors; and (b) The Mayor of the City of Fresno and Council President.
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Fresno County Counsel
2220 Tulare Street, 5e Floor
Fresno, Caldornia 93721
(2) Specialized Members. Initially, the Board shall include 2 Specialized
Members that shall be the Fresno County Sheriff and the City of Fresno Chief of Police
and three members of the public selected by the Regular Board Members.
(c) Additional Member Agencies. In addition to the named parties to this
Agreement, any city not now a member and any other city which may be hereafter
incorporated within the boundaries of the County of Fresno, may become a member of
the Authority by executing this Agreement without prior approval or ratification of the
named parties, and shall thereafter be bound by all of the terms and provisions of this
Agreement as of the date of execution.
(d) Additional Member Agencies Represented On Board Of Directors. Upon
execution of this Agreement by an additional Member Agency, the Authority Board shall
increase to include a Regular Member to represent that additional Member Agency,
which shall be that city's Mayor. In addition, the Authority Board shall increase to
include one additional Specialized Member who shall represent the city that becomes a
Member Agency after the initial execution of this Agreement. This additional
Specialized Member shall be the Chief of Police or similar law enforcement peace
officer for the new member agency.
(e) Term Of Office. The Regular Members shall serve terms on this Board that
are coextensive with their term of Office as a Chairperson of the Board of Supervisors,
Supervisor, Mayor or Council President. The law enforcement Specialized Members
shall serve terms on this Board that are coextensive with their employment as Sheriff or
Chief of Police. The three members of the public shall serve initial staggered one, two
and three year terms. Thereafter, they shall serve three year terms.
Members shall serve on the Board during the term for which they were appointed
or until their successor has been appointed or their appointment has been revoked,
whichever is earlier. However, a member's position on the Board shall automatically
terminate if the term of elected public office or employment as Sheriff or Chief of Police,
of such member is terminated.
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Fresno County Counsel
2220 Tulare Street, 5^ Floor
Fresno, Cali/omnia 93721
(f) Alternate Board Members. The Board of Supervisors shall designate
alternates who shall serve in the absence of the Chairperson or other Supervisor
appointed to the Authority Board and the Mayor and Council President shall designate
alternates who shall serve in the absence of the Mayor or Council President appointed
to the Authority Board. The Mayors of Additional Authority Members shall designate
alternates who shall serve in their absence. The Sheriff and the Chiefs of Police shall
designate alternates who shall serve in their absence.
(g) Reimbursement. The Board may provide for a stipend and reimbursement
of reasonable expenses incurred in connection with a member's service on the Board.
(h) Meetings. The Board shall establish the time and place for its regular and
special meetings. The dates, hour and location of regular meetings shall be fixed by
resolution of the board. The Board shall hold at least one (1) regular meeting each
quarter of every calendar year. Special meetings and adjourned meetings may be held
as required or permitted by law.
(i) Ralph M. Brown Act. All meetings of the Board, including, without limitation,
regular, special and adjourned meetings, shall be called, noticed, held and conducted in
accordance with the provisions of the Ralph M. Brown Act (commencing with Section
54950 of the California Government Code).
0) Rules. The Board may adopt, from time to time, such rules and regulations
I for the conduct of its meetings and affairs as it may deem necessary, including, without
limitation, the designation of a person to record and transcribe the minutes of each
public meeting of the Board.
SECTION 7. VOTING
(a) Preliminary Vote On Operational Matters. Two votes shall be taken on all
operational matters. The first vote shall be a preliminary advisory vote and both
Specialized and Regular Members shall vote. For this preliminary advisory vote, both
Specialized and Regular Members shall have equal voting authority/power.
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Fresno County Counsel
2220 Tulare Street, 51° Floor
Fresno, California 93721
After the preliminary advisory vote, a final vote shall be taken. Only the Regular
Members shall participate in the final vote and their votes shall have the weighted
power as described in Section 7(b) below.
(b) Weighted Voting. Only Regular Members shall have authority to vote on
final vote for operational matters and to vote on all other matters. The Regular
Members' voting shall be weighted as follows:
(1) Initial Board. The voting authority of the initial Board shall be as
(a) Chairperson of the Fresno County Board of Supervisors and the Board of
Supervisor, or designee, shall each have 25% of the voting power; and (b) the Fresno
City Mayor and the Council President, or designee, shall each have 25% of the voting
power.
(2) Additional Member Agencies. Upon expansion of the Board
membership to include other cities that have executed this Agreement, the voting
authority of the Board shall be as follows: (a) the County Members and the Fresno City
Members shall all have equal voting power. Their voting power, together, shall always
equal or exceed 80% of the voting power. (b) the voting power of the remaining city
mayors, or their designees, together, shall not exceed 20% of the voting power and,
individually, shall not exceed 5% of the voting power.
(c) Quorum and Transaction of Business. A quorum shall require eighty
percent of the Specialized Members and eighty percent of the Regular Members of the
Board. An affirmative vote of a majority of the Regular Members that represent at least
80% of the voting power shall be required to take action, except for adjournment of a
meeting which shall require only a majority of those present. No proxy or absentee
voting shall be permitted.
SECTION 8. OFFICERS AND EMPLOYEES
(a) Chairperson and Vice Chairperson. The term of the Chairperson and Vice
Chairperson shall be one (1) year. The Board shall select a Chairperson from either
Fresno City Mayor, Council President or the Board of Supervisor members. The
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Chairperson shall alternate annually between the Fresno City Members and the County
Members. The Board shall select a Vice Chairperson from either the Fresno City
Mayor, Council President or the Board of Supervisor members. The Vice Chairperson
shall alternate annually between the Fresno City Members and the County Members.
At no time shall the Chairperson and Vice Chairperson represent the same agency.
The Board shall select a Chairperson and a Vice Chairperson at its first meeting, and
annually thereafter. In the event the Chairperson or Vice Chairperson so elected
ceases to be a member of the Board, the resulting vacancy shall be filled at the next
regular meeting of the Board. In the absence or inability of the Chairperson to act, the
Vice Chairperson shall act as Chairperson. The Chairperson, or in the Chairperson's
absence, the Vice Chairperson, shall preside at and conduct all meetings of the Board.
(b) Treasurer. Initially, the Treasurer of the Authority shall be the Auditor-
Controller/Treasurer-Tax Collector of the County of Fresno (hereinafter "County
Auditor"). The Authority may, at any time, appoint someone other than the County
Auditor as the Authority Treasurer in accordance with applicable law. The Treasurer
shall have the custody of the Authority money and disburse Authority funds pursuant to
the accounting procedures developed in accordance with the provisions of this
Agreement, the Act, and with those procedures established by the Board. The
Treasurer shall assume the duties described in Section 6505.5 of the Government
Code, namely: receive and receipt for all money of the Authority and place in the
Treasury of the Treasurer to the credit of the Authority; be responsible upon an official
bond as prescribed by the Board for the safekeeping and disbursement of all Authority
money so held; pay, when due, out of money of the Authority so held, all sums payable,
only upon warrants of the officer performing the functions of the Controller who has
been designated by the Authority or Board; verify and report in writing on the first day of
July, October, January and April of each year to the Authority and to the parties to this
Agreement the amount of money held for the Authority, the amount of receipts since the
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Fresno, CalMomla 93721
last report, and the amount paid out since the last report; and perform such other duties
as are set forth in this Agreement or specified by the Board.
(c) Controller. Initially, the Controller of the Authority shall be the County
Auditor. The Authority may, at any time, appoint someone other than the County
Auditor as the Authority Controller in accordance with applicable law. The Controller
shall draw warrants to pay demands against the Authority when such demands have
been approved by the Board or by any other person authorized to so approve such by
this Agreement or by resolution of the Board. The Controller shall perform such duties
as are set forth in this Agreement and such other duties as are specified by the Board.
There shall be strict accountability of all funds and reporting of all receipts and
disbursements. The Controller shall establish and maintain such procedures, funds and
accounts as may be required by sound accounting practices. The books and records of
the Authority in the hands of the Controller shall be open to inspection at all reasonable
times by representatives of the parties to this Agreement. The Controller, with the
approval of the Board, shall contract with an independent certified public accountant or
firm or certified public accountants to make an annual audit of the accounts and records
of the Authority, and a complete written report of such audit shall be filed as public
records annually, within six (6) months of the end of the fiscal year under examination,
with each of the parties to this Agreement. Such annual audit and written report shall
comply with the requirements of Section 6505 of the Government Code. The cost of
annual audit, including contracts with, or employment of such independent certified
public accountants in making an audit pursuant to this Agreement shall be a charge
against funds of the Authority available for such purpose. The Board, by unanimous
vote, may replace the annual audit with a special audit covering a two-year period.
(d) Executive Director. The Board may employ by contract or otherwise, an
Executive Director who shall act as the Executive Director of the Authority to direct the
day-to-day operation of the Authority. Serving at the will of the Board and subject to its
policies, rules, regulations and instructions, the Executive Director shall have the
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powers described in this Agreement and those delegated and assigned by the Board,
including without limitation:
1. To appoint, remove and transfer employees of the Authority, including
management level officers, except for the Treasurer, Controller and
Attorney of the Authority and such others as the Board may designate.
2. To enforce all orders, rules and regulations adopted by the Board
relating to the regulation, operation, or control of funds, facilities,
properties and apparatus of the Authority.
3. To enter into contracts or authorize other expenditures whenever the
Board shall have approved and authorized any work, improvement or
task and shall have budgeted or appropriated the necessary money
therefore.
4. To have custody of and accountability for all property of the Authority
except money.
(e) Consultants. Subject to the availability of funds, the Board may employ
such consultants, advisors and independent contractors as are deemed necessary and
desirable in implementing and carrying out the purposes of this Agreement.
(f) Attorney for Authority. The Authority shall contract for legal counsel to the
Authority.
SECTION 9. REIMBURSEMENT
Officers and employees of the parties (excepting members of the Board)
designated in this Agreement to provide services to the Authority shall be reimbursed I
the Authority for their actual costs of providing such services. In addition, additional
services provided by officers and employees of the parties pursuant to contracts with
the Authority shall be reimbursed as provided by the contracts. All reimbursements by
the Authority shall be made after receiving an itemized billing for services rendered.
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SECTION 10. FISCAL YEAR
The fiscal year of the Authority shall be the period commencing July 1 of each
year and ending on and including the following June 30.
SECTION 11. CONTRIBUTIONS BY THE PARTIES
(a) Initial Contributions. Both the City of Fresno and the County of Fresno
shall agree to make an initial contribution. This contribution shall be made to the
Authority within 90 days of the signing of this Agreement.
(b) Contributions for Ongoing Costs. Each Member Service Agreement shall
specify annual services provided, performance milestones and a contribution for
ongoing costs of any services provided by the Authority under this Agreement.
SECTION 12. LIABILITIES
The debts, liabilities and obligations of the Authority shall be the debts, liabilities
and obligations of the Authority alone and not of the parties to this Agreement.
SECTION 13. NOTICES
Notices required or permitted hereunder shall be sufficiently given if made in
writing and delivered either personally or upon deposit into the U.S. Mail, first class,
postage prepaid to the Clerk to the Board of Supervisors and each City Clerk of the
Member Agencies.
SECTION 14. OTHER AGREEMENTS
Other agreements by and between the parties to this Agreement or any other
entity are neither prohibited nor modified in any manner by execution of this Agreement.)
SECTION 15. SEVERABILITY
If any section, clause or phrase of this Agreement or the application thereof to
any party or any other person or circumstance is for any reason held to be invalid by a
court of competent jurisdiction, it shall be deemed severable and the remainder of this
Agreement or the application of such provisions to the other party or to other persons or
circumstances shall not be affected thereby.
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Fresno, California 93721
SECTION 16. NONASSIGNABILITY
The rights, titles and interests of any party to this Agreement shall not be
assignable or transferable without the written consent of the parties hereto.
SECTION 17. MISCELLANEOUS
(a) Section Headings. The section headings herein are for convenience of the
parties only, and shall not be deemed to govern, limit, modify or in any manner affect
the scope, meaning or intent of the provisions or language of this Agreement.
(b) Laws of California. This Agreement is made in the State of California, unde
the Constitution and laws of such State, and shall be construed and enforced in
accordance with the laws of such State.
(c) Construction of Language. It is the intention of the parties hereto that if any
provision of this Agreement is capable of two constructions, one of which would render
the provision void and the other of which would render the provision valid, then the
provision shall have the meaning which renders it valid.
(d) Cooperation. The parties to this Agreement recognize the necessity and
hereby agree to cooperate with each other in carrying out the purposes of this
Agreement, including cooperation in matters relating to the public, accounting, litigation,
public relations and the like.
(e) Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the parties hereto.
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Remo County Counso
2220 Tulare Stre , r Floor
Fresno, Celdomia 93721
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed and attested to by their proper officers as of the date first above written.
COUNTY OF FRESNO CITY OF FRESNO,
a California municipal corporation
Chairman, Board of Supervisors Council President, City Council
APPROVED AS TO LEGAL FORM
VA
APPROVED AS TO ACCOUNTING FORM:
By a , -- 6ec� L
VICKI CROW Q
Auditor-Controller/Treasurer-
Tax Collector
JCS:pn;skl[41653 Law Enforcement JPA] 07-24-07
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ATTEST:
REBECCA E. KLISCH
City Clerk
By f��
Deputy C7(3010-7)
;M: