HomeMy WebLinkAbout29581FOURTH AMENDMENT TO FIRST AMENDED
JOINT POWERS AGREEMENT CREATING
Agreement No. 17-405
THE FIVE CITIES ECONOMIC DEVELOPMENT AUTHORITY
RECITALS
WHEREAS , the Cities of Fowler, Parlier , Reedley , Sanger and Selma entered
into that certain First Amended Joint Powers Agreement creating the Five Cities
Economic Development Authority (the "Agreement"); and
WHEREAS , the County of Fresno ("County") was added as a Member Agency of
the Authority effective November 16 , 2004 , the City of Kingsburg was added as a
Member Agency of the Authority effective December 5, 2006 and the City of Orange
Cove was added as a Member of the Authority effective September 27 , 201 0; and
WHEREAS , the City of Selma , by the authority of it City Council at a regular
meeting, relinquished membership to the Five Cities Joint Powers Economic
Development Authority effective April 20 , 2015, but thereafter approved membership at
a regular meeting effective June 5, 2017 ; and
WHEREAS, the purpose of the Agreement is to permit each Member Agency that
is a party to the Agreement to join together with other Member Agencies , under the
Joint Powers Law, to create the Authority, as a public entity, separate and apart from
the parties to the Agreement; and
WHEREAS , the purposes of the Authority are to provide staff resources ,
personnel and expertise to assist the local Member Agencies of the Authority , develop
local economic development resources, establish cooperative relationships to pursue
legislation , seek funding , plan the allocation of resources, and implement the Regional
Economic Development Program and strategies for the benefit of the citizens and
economies of the Member Agencies of the Authority ; and
WHEREAS , the Member Agencies of the Authority have determined that , in order
to further broaden the economic development efforts of the Authority, it is desirable to
include the City of Selma as a full-voting Member Agency of the Authority and to
become a party to the Agreement; and
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WHEREAS, Article 21 of the Agreement permits a majority of the Board of the
Member Agencies of the Authority to later add the City of Selma as a Member Agency
of the Authority and as a signatory to the Agreement; and
WHEREAS , Article 26 of the Agreement permits a majority of the Member
Agencies of the Authority to agree to such addition of the City of Selma by way of an
amendment to the Agreement; and
WHEREAS, the Member Agencies approving this Fourth Amendment to the
Agreement (the “Fourth Amendment”), and the City of Selma, authorize this Fourth
Amendment in order to carry out all such purposes recited above.
NOW, THEREFORE, for and in consideration of all the mutual benefits,
covenants, and agreements contained herein, the parties hereto agree to amend the
Agreement as follows:
1. Capitalized terms in this Fourth Amendment shall have the same definition
thereof as provided in the Agreement, unless otherwise stated in this
Fourth Amendment.
2. The last sentence of the second paragraph of page 1 of the Agreement
shall be amended and restated as follows:
“The Member Agencies shall be the local public entities listed in Exhibit ‘A-
2,’ attached hereto and incorporated herein.”
3. Exhibit “A-2” replacing original Exhbit “A” is attached to this Fourth
Amendment and incorporated herein by reference .
4. Each party to this Fourth Amendment certifies that it intends to, and does,
contract with all other parties which are signatory to this Fourth
Amendment. Each party to this Fourth Amendment agrees that the
addition of the City of Selma (hereinafter, the “City”) as a Member Agency
is in compliance with all applicable requirements of the Joint Powers Law,
the Agreement, and the requirements of the Board, and that the date of
admission of the City as a Member Agency to the Authority shall be on the
date decided by a majority of the Members of the Board executing this
Fourth Amendment. Upon such admission date, the City’s membership as
a Member of the Authority shall be confirmed.
5. The City's execution of this Fourth Amendment also shall be deemed to
be an execution of the Agreement, as further amended by this Fourth
Amendment. The foregoing provisions of this Fourth Agreement
constitute the full and complete agreement of the parties with respect to
the matters set forth in this Fourth Amendment. Except as otherwise
amended herein, the Agreement, the First, Second and Third
Amendments shall continue in full force and effect and in accordance with
their terms and conditions.
6. The Secretary of the Board shall file a copy of this Fourth Amendment,
and notice of the execution of this Fourth Amendment, with the Office of
the California Secretary of State within thirty (30) days of the effective date
of the Fourth Amendment, as required by California Government Code
section 6503.5.
IN WITNESS WHEREOF, the parties hereto have executed this
Fourth Amendment by their duly authorized officers.
COUNTY OF FRESNO
Dated: ~ -1<-I) By:~vL---:::--· ~~-:-------:::-:--
Brian Pacheco , Chairman
REVIEWED AND RECOMMENDED
FOR APPROVAL
REVIEWED AS TO LEGAL FORM:
Daniel C. Cederberg, County Counsel
By: (1_,Ak J ~
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ATTEST:
Bernice E. Seidel
Clerk to the Board of Supervisors
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ATIEST:
BERNICE E . SEIDEL, Clerk
Board of Supervisors
By ~if\ eish %P
De put
By : __________ _
Dated 9/sj/'1 CITY OF FOWvl ' r
By: {(j_, ,(;£,~
Da vi d Carenas, Mayor
CITY OF KINGSBURG
Dated : _________ By : __________ _
Michelle Roman , Mayor
ATTEST:
Abigail Palsgaard , City Clerk
CITY OF ORANGE COVE
Dated : _________ By: __________ _
Victor Lopez, Mayor
ATTEST :
June V. Lopez -Bracamontes , City Clerk
CITY OF PARLIER
Dated : By : -------------------Armando Lopez, Mayor
ATTEST :
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By : _________ _
CITY OF FOWLER
Dated : _________ By: __________ _
David Cardenas , Mayor
ATTEST :
Jeannie Dav id, City Clerk
Dated :_q _/ l1-___ /_1v_/_1--__
CITY OF ORANGE COVE
Dated : _________ By : __________ _
Victor Lopez , Mayor
ATTEST :
Jun e V. Lopez -Bra ca mon tes , City Cle rk
CITY OF PARLIER
Dated : _________ By : _________ _
Armando Lopez , Mayor
ATTEST :
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By: _________ ___
CITY OF FOWLER
Dated:. _________ By:-----------
David Cardenas,.Mayor
ATTEST:
Jeannie David, City Clerk·
CITY OF KINGSBURG
Dated:. _________ By:. __________ _
MlchelleRoman, Mayor
ATTEST:.
Abigail Palsgaard,· City Clerk.
CITY OF ORANGE COVE
Dated: 8-;;> S---, .,..7
CITY OF PARLIER
. Dated:. ____ _;.... _____ By: ____________ _
Armando Lopez, Mayor
ATTEST:
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By: __________ _
CITY OF FOWLER
Dated : _________ By: ___________ _
David Cardenas, Mayo r
ATTEST:
Jeannie David , City Clerk
CITY OF KINGSBURG
Dated : _________ By: ___________ _
Michelle Ro man , Mayor
ATTEST:
Abigail Palsgaard , City Clerk
C ITY OF ORANGE COVE
Dated : _________ By: ___________ _
Victor Lopez, Mayor
ATTEST:
Ju ne V . Lopez-Bracamontes, City Clerk
ATTEST:
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Dorothy Garza , City Clerk
CITY OF REEDLEY
Dated : _________ By: __________ _
Anita Betancourt, Mayor
ATTEST:
Sylvia Plata , City Clerk
CITY OF SANGER
Dated : _________ By: ___________ _
Frank Gonzalez, Mayo r
ATTEST:
Becky Hernandez, City Clerk
CITY OF SELMA
Dated : _________ By: ___________ _
Michae l Derr, Mayor
ATTEST :
Reyna Rivera , C ity Clerk
APPROVED AS TO FORM :
Neal Costanzo, C ity Attorney
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Dorothy Garza , City Clerk
CITY OF REEDLEY
Datedj.q<J',.J: z+ '2-0\ 1 By: ~U if~
' Anita Betancourt, Mayor
CITY OF SANGER
Dated : ________ By :. __________ _
Frank Gonzalez, Mayor
ATTEST :
Becky Hernandez , City Clerk
CITY OF SELMA
Dated : ________ By; __________ _
Michael Derr , Mayor
ATTEST :
Reyna Rivera, City Cle rk
APPROVED AS TO FORM :
Neal Costanzo , City Attorney
s
Dorothy Garza , City Clerk
CITY OF REEDLEY
Dated : ________ By: __________ _
An ita Betancourt, Mayor
ATTEST:
Sylvia Plata, City Clerk
CITY OF SANGER
Dated : 3/ /fr,.. ..j ~ 0 (1 By ;i(/4 ~ Frank Gonzalez.ayer
ATTEST:
~7~ seckyHernndez, City Clerk
CITY OF SELMA
Dated :. ________ By:. __________ _
Michael Derr, Mayor
ATTEST:
Reyna Rivera , City Clerk
APPROVED AS TO FORM :
Neal Costanzo , City Attorney
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CITY OF SELMA
Dated : A u gust 8, 20 17
ATTEST:
~M /l;h(,WJ ReYRivera, City Cieri<
APPROVED AS TO FORM :
I sf N eal Costanzo
Neal Costanzo, City Attorney
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Exhibit A-2
MEMBER AGENCIES OF THE
FIVE CITIES ECONOMIC DEVELOPMENT AUTHORITY
City of Fowler
128 South Fifth Street
Fowler, CA 93625
City of Kingsburg
1401 Draper Street
Kingsburg, CA 93631
City of Orange Cove
633 Sixth Street
Orange Cove, CA 93646
City of Parlier
1100 East Parlier Avenue
Parlier, CA 93648
City of Reedley
1717 Ninth Street
Reedley, CA 93654
City of Sanger
1700 Seventh Street
Sanger, CA 93657
City of Selma
1710 Tucker Street
Selma, CA 93662
County of Fresno
2200 Tulare Street, Room 304
Fresno, CA 93721