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HomeMy WebLinkAboutAGMT - OCFA - 3rd Amendment to Amended JPA Agreement Executed July 2015 THIRD AMENDMENT TO AMENDED JOINT POWERS AUTHORITY AGREEMENT ORANGE COUNTY FIRE AUTHORITY This Third Amendment ("Third Amendment") to the Amended Joint Powers Authority Agreement is made and entered into by and between the following public entities i(collectively referred to as "members"): Aliso Viejo, Buena Park, Cypress, Dana Point, Irvine, La Palma, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejp, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda (collectively referred to as "Cities" and individually as "City") and the County of Orange (referred to as the "County"), each:,of whom is a member of the Joint Powers Authority, Orange County Fire Authority ("the Authority"). RECITALS WHEREAS, the Authority presently provides fire protection, prevention and oppression services and related and incidental services (collectively, "Fire Services") to Cities as well as to the unincorporated area of the County and State Responsibility Areas ("SRA"); and WHEREAS, the County and several of the Cities entered into a Joint Powers Authority Agreement to form the Authority as of February 3, 1995 pursuant to the provisions:!of Article 1, Chapter 5, Division 7, Title I (commencing with Section 6500) of the Government Code of the State of California ("Joint Powers Statutes"); and WHEREAS, pursuant to the Joint Powers Statutes the members are authoriz ad to jointly provide for the methods of the provision of Fire Services, including the method of financing the provision of Fire Services; and WHEREAS, on September 23, 1999,the members entered into an amended Joint Powers Authority Agreement ("1999 Amended Agreement") which superseded all prior ;agreements between the members and is incorporated herein by reference; and 1097988.3 WHEREAS, on July 1, 2010, the members entered into a First Amendment to the Amended Joint Powers Agreement ("First Amendment") which amended several provisions of the 1999 Amended Agreement; and WHEREAS, on April 20, 2012, the City of Santa Ana joined the Authority and became a party to the 1999 Amended Agreement and the First Amendment; and WHEREAS, on November 18, 2013, the members entered into the Second Amendment to the Amended Joint Powers Agreement ("Second Amendment") which amen)ed several provisions of the 1999 Amended Agreement. Litigation has been filed by the County challenging the validity of the Second Amendment, and the litigation remains unresolved as of the date of this Third Amendment; WHEREAS, the parties wish to adopt this Third Amendment to eliminate: alternative Board directors; NOW THEREFORE, the members agree to amend the 1999 Amended Agreement as follows: AGREEMENT 1. Article Section 2 of the 1999 Amended Agreement shall be amended: to read as follows: 2. Designation of Directors. Each member by resolution of its governing body shall designate and appoint one representative to act as its Director on the Authority Board of Directors (the "Board"), except the County whose Board of Supervisors shall appoint two representatives to act a s its Directors. Each representative shall be a current elected member of� the governing body. Each Director shall hold office until the selection of a successor by the appointing body. Each alse Opp@-144 an Q d mprese- of the gover-i-1- *60a I:"AAq Each Director ---I -6--to shall serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body. Any vacancy shall be filled in the same manner as the original appointment of a Director moo. With approval of the Board, a Director @#=@4ter*hA* 1097988.3 may be reimbursed for reasonable expenses incurred in the conduct of, the business of the Authority. 2. Article Il, Section 5 of the 1999 Amended Agreement shall be amended to read as follows: 5.' Quorum; Voting. A majority of the Directors shall constitute a quorum for the purpose of the transaction of business relating to the Authority. Each Director 3 @P in the aabsseanpsa- 1-of a-my%goting Diroa@427 shall be entitled to one vote. Unless otherwise provided herein, a vote of the majority of those present and qualified to vote shall be sufficient for the adoption of any motion, resolution or order and to take any other action deemed appropriate to carry forward the objectives of the Authority. 3.* Effective Date. This Third Amendment requires the approval of at least two thirds of the members to go into effect, and it shall be effective on the date of approval by a sixteenth member. 1097988.3 CITY OF SEAL BEACH Dated: - ` �? l 1 5 By: Mayor ATTEST: City Clerk NOTICE TO CITY TO BE GIVEN TO: { City Manager . City of Seal Beach 2118 Street :Seal Beach,.CA'90740 Phone: (862) 431-2827 Fax: (562) 4;34$ `I ` $ APPROVED AS TO,FO M: By: r City Attorney Y dated. � Signatures Continued on Page 23] . . I 22 '