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HomeMy WebLinkAboutAgreement A-15-616 with Fresno Local Agency Formation Commission.pdfAgreement No. 15-616 Professional Services Agreement by and between the County of Fresno and the Fresno Local Agency Formation Commission This Professional Services Agreement ("Agreement") is made and entered into this .JillL. day of December , 2015 by and between the COUNTY OF FRESNO, a political subdivision of the State of California (the "COUNTY'') and the FRESNO LOCAL AGENCY FORMATION COMMISSION, a State mandated independent agency (the "COMMISSION"). RECITALS WHEREAS, Division 3 of Title 5 of the California Government Code (commencing with Government Code § 56000), wbich is also commonly known as the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (the "Act), gives the COMMISSION the power and duty to appoint and assign personnel and to employ or contract for professional or consulting services to carry out and effect the functions of the COMMISSION; and WHEREAS, The COUNTY and the COMMISSION desire to enter into an agreement whereby the COUNTY, among other things, shall provide certain services to the COMMISSION; and WHEREAS, the p13rties intend that this Agreement shall. replace and supersede in its entirety that certain Third Amendment and Restated Professional Services Agreement entered into between the parties hereto on the 2"d day of March, 2010. NOW, THEREFORE, in consideration of their mutual promises, covenants and agreements, the receipt and adequacy of which are hereby acknowledged by the parties, the parties heteto agree as follows: 1.0 COMMISSION'S AUTHORITY AND OBLIGATIONS. . . 1.1 Control. COMMISSION, acting through its commissioners and alternate commissioners, when applicable, shall exercise control over the assets and operation of the COMMISSION, and shall exercise day-to-day oversight of COMMISSION. staff. COMMISSION shall retain the authority over the powers of and the responsibility. for performing the dutie.s vested in COMMISSION by law, including the Act, provided however, nothing contained in this Section 1 shall relieve the COUNTY of, or alter COUNTY's responsibility to perform its professional services and to provide resources herein according to the terms and conditions hereof. 1.2 Obligations relating to County Personnel. COMMISSION shall compensate COUNTY, pursuant to Section 3 of this Agreement, for all 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. ATTEST: BERNICE SEIDEL, Clerk, Board of Supervisors By: Sus£>,co, (\A sb o--p Deputy APPROVED AS TO LEGAL FORM DANIEL C. CEDERBORG COUNTY COUNSEL ~~~~ By: .::fANe SM.~\...., r&f.:dt..r Deputy APPROVED AS TO ACCOUNTING FORM VICKI CROW, CPA, AUDITOR- CONTROLLERfTREASURER- TAX COLLECTOR COUNTY OF FRESNO By: ~~ILI:-'IJ.!L~"'-;'-:-f-:-":JlYI Deborah A. Poochigian Chairman, Board of Supe REVIEWED AND RECOMMENDED FOR APPROVAL FRESNO LOCAL AGENCY FORMATION COMMISSION By iltfJJL h 1 an REVIEWED AND RECOMMENDED FOR APPROVAL REVIEWED AS TO LEGAL FORM KENNETH J. PRICE ·~ .. . . . ' . " " " By:" " " " " ~ 9 " I I