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HomeMy WebLinkAbout1994-253 1 2 3 4 5 6 94-253 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. WHEREAS, pursuant to Article 1 through 4 (commencing with 7 Section 6500) of Chapter 5, Division 7, Title 1 of the 8 California Government Code, San Bernardino County (the 9 "County") and the City have, by Joint Exercise of Powers 10 Agreement, dated April 1, 1968, as amended (the "Agreement"), 11 created the San Bernardino Public Safety Authority (the 12 13 14 15 16 17 18 19 20 21 22 23 24 "Authority") for the purposes, among other things, of providing financial assistance to its members and other public entities; and WHEREAS, the County and the City have determined that the number of members of the Board of Directors of the Authority should be changed to provide for equal representation between the County and city. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Recitals hereinabove are true and correct and are incorporated herein by the reference. SECTION 2. The City hereby approves the equalization of representation of the members of the Authority and approves a seventh amendment to the Agreement (the "Seventh Amendment") 25 in the form attached hereto as Exhibit A, The City hereby 26 authorizes and directs the Mayor to execute and deliver the 27 Seventh Amendment in such form, together with any changes to 28 .94-'253 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. be conclusively evidenced by the execution of such document by the Mayor. The City hereby authorizes the delivery and performance by the City of the Seventh Amendment. SECTION 3. The findings and determinations herein shall 9 be final and conclusive. This resolution shall take effect 10 upon the date of its adoption. 11 I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of San 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Bernardino at a regular meeting thereof, held on the 15th day of Auqust wit: / / I / / I / I I / / / , 1994, by the following vote, to 94-253 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT 2 TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO 3 PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING 4 OFFICIAL ACTIONS RELATED THERETO. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~l~ The foregoing resolution is hereby approved this 19th day of Auqust , 1994 ~---4 / ~1 ./-?~ rom Minor, ayor City of San Bernardino Approved as to form and legal content: JAMES F, PENMAN City Attorney .. -. 9'4 253 .. . ~lerk' s Off ice: PSA wlorig, agree, Appts: PSA Inc. CIties: San Bernardino MINUTES OF THE BOARD OF SUF-ERV.JS,o.RS=~ . . . .' ..-' OF SAN BERNARDINO COUNTY~ CAL.IFORNIA 1'--""0', AUGUST 30,1994 RECEIVEI).-CITY CiERi< f1-. FROM: JAMES J, HLAWEK County Administrative Officer SUBJECT: RESOLUTION AMENDING THE PUBLIC SAFETY AUTHORITY (PSA) TO FOUR MEMBERS RECOMMENDATION: Adopt Resolution #94-182 authorizing and directing execution of Amend- ment #7 to the Joint Exercise of Powers Authority between the County and City of San Bernardino relating to the San Bernardino Public Safety Authority in connection with the equalization of representation of members of the authority and authorizing official actions related thereto. BACKGROUND: The County and City of San Bernardino formed the Public Safety Authority, a Joint Powers Authority in 1967. The County originally used this authority to issue revenue bonds to finance the Central Jail and Juvenile Hall. In the interim, the County has used the Authority to finance the Sheriffs Headquarters and the new Telephone System. However, through refunding and the actual retirement of debt, the County has no active issue in the Public Safety Authority. The City used the Public Safety Authority to finance its Waste Water Treatment Plant. The composition of the Authority has been two county appointees and one city appointee. This amendment would change the composition to two county and two city appointees. The reason for this recommendation is the County has an option to finance a part of its Unfunded Insurance Liability. Bond counsel has determined that under the IRS statutes, the issuance of debt to fund the Unfunded Liability requires a neutral Joint Powers Authority to issue non-taxable debt. This amendment would accomplish that objective. REVIEW BY OTHER DEPARTMENTS: This item has been reviewed by the County Administrative Office, County Counsel and Jones Hall Hill & White as bond counsel. FINANCIAL IMPACT: None. PRESENTER: John M. Giblin, Deputy Administrative Officer, County Administrative Office cc wiRes.: . CAO-J. Giblin City of San Bernardino w/3 orig.agrees, clo CAO Sheriff Admin. Auditor County Counsel PM. Jones, Hall, Hill & White clo CAO File RESOLUTION 94-182 Action of the Board of Supervisors APPROVED BOAAD 9F SUPERVISORS COUNTY OF' SAN .BERNARDINO MOTION AYE 'ABSENT SECOND .ABSENT MOVE 1 234 5 sws Item 62 .. .. .;. , ~ . , 9-4 253 ~ 29008-60 (COW1ty Res re JP A Agt Amendment) JHHW:BDQ:rhc 07/25/94 August 30, 1994 ( SAN BERNARDINO COUNTY. CALIFORNIA RESOLUTION NO, 94-182 A RESOLunON AUTIfORIZING AND DIRECTING EXECunON OF AN AMENDMENT TO THE JOINT EXEROSE OF POWERS AGREEMENT BETWEEN THE COUNTY AND THE CITY OF SAN BERNARDINO RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTIfORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTIfORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO On Tuesday, August 30,1994, on motion by Supervisor E"VP<l . duly seconded by Supervisor RIOrdan and carried, the following resolution is adopted: WHEREAS, pursuant to Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, San Bernardino COWlty (the "County") and the City of San Bernardino (the "City") have, by Joint Exercise of Powers Agreement, dated April 1, 1968, as amended (the "Agreement"), created the San Bernardino Public Safety Authority (the" Authority") for the purposes, among other things, of providing financial assistance to its members and other public entities; and WHEREAS, the County and the City have determined that the number of members of the Board of Directors of the Authority should be changed to provide for equal representation between the County and the City; NOW, TIffiREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. Approval of Amendment; Amendment of Agreement. The County hereby approves the equalization of representation of the members of the Authority and approves a seventh amendment to the Agreement (the "Seventh Amendment") in the form attached hereto as Exhibit A. The County hereby authorizes and directs the County Administrative Officer, the Assistant County Administrative Officer or any Deputy Administrative Officer to execute and deliver the Seventh Amendment in such form, together with any changes therein or additions thereto deemed advisable by the County Administrative Officer, the Assistant County Administrative Officer or any Deputy Administrative Officer, upon consultation with County Counsel and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution of such document by the County Administrative Officer, the Assistant County Administrative Officer or any Deputy Administrative Officer. The County hereby authorizes the delivery and performance by the County of the Seventh Amendment. Section 2. Official Actions. The County Administrative Officer, the Assistant County Administrative Officer, any Deputy Administrative Officer, the Clerk of the Board of Supervisors and any and all other officers of the County are hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents which 8/30/94 sws #62 I. . 94 253 they, or any of them, may deem necessary or advisable in order to conSummate the transactions contemplated by the document approved pursuant to this Resolution. Section 3. Effective Date. lhis Resolution shall take effect from and after the date of its passage and adoption. .............. PASSED AND ADOPTED by the Board of Supervisors of San Bernardino County, State of California, by the following vote: AYES: Riordan, Eaves, Turoci NOES: None ABSENT: Walker, Mikels STATE OF CALIFORNIA ) ) ss: SAN BERNARDINO COUNTY ) I, EARLENE SPROAT, Clerk of the Board of Supervisors of San Bernardino County, California, State of California, hereby certify that foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of August 30, 1994. EARLENE .sPRO.A~, c1eii< of the Board ,-,' . . B~i....... JJi7tM- t Deputy ) v' ',' . '. ;J '{ '>' _)1 .~" " ~4' -.' "'~~.~,~-;;.:;:'.;.>':'" -2- 8/30/94 sws #62 I, --_._--:-. -..-- ~ ,.,1 iJ., 253 FOR COUNTY USE ONL Y ~~\"I"t~k ~t~,... ~ ~- -;:;. ..:::- "'.$: ~...... ,i1f~'I'\'\~' E New Vendor Code Dept. Contract Number f- M Change SC A AMENlliENT #7 X Cancel CAe County Department Dept. Orgn. Contractor's license No. County Administrative Office CAO 0 0 County Department Contract Representative Ph. Ext. Amount of Contract John M. Giblin 387-5408 Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number Commodity Code Estimated Payment Total by Fiscal Yesr FY Amount 110 FY Amount I/O Project Name - - - - - - - - - - - - County of San Barnardino FAS CONTRACT TRANSMITTAL CONTRACTOR Public Safety Authority Birth Date Federal 1D No. or Social Security No. Contractor's Representative Clerk of the Board of Supervisors Add~~ 385 North Arrowhead Avenuet 5th Floor SB Phone(909) 387-3843 Nature of Contract: (Stiefly desctibe the general terms of the contract) This amendment to the Joint Powers Authority adds a fourth member appointed by the C~ty of San Bernardino. (Attach this transmittal to a/l contracts not prepared on the "Standard Contract" form.) ~ County Counsel ~ ~ Agency Administrator '-I Date 'g -), C{. q Approved as to Legal Form Reviewed as to Affirmative Action Date Date 94. 253 EXHIBIT A SEVENTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT dated August 30 , 1994 by and between SAN BERNARDINO COUNTY and the CITY OF SAN BERNARDINO Amending that certain Joint Exercise of Powers Agreement dated April 1. 1968, as amended, by and between San Bernardino County and the City of San Bernardino (SAN BERNARDINO PUBLIC SAFETY AUTHORITY) 8/30/94 sws #62 94 253 SEVENTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT THIS SEVENTH AMENDMENT TO JOINT POWERS AGREEMENT (the "Seventh Amendment"), dated August 30 ,1994, by and between SAN BERNARDINO COUNTY, a public body organized and existing under the laws of the State of California (the "County"), and the CITY OF SAN BERNARDINO, a municipal corporation and charter city organized and existing under the constitution and laws of the State of California (the "City"), amending that certain Joint Exercise of Powers Agreement, dated April 1, 1968, as amended, by and between the County and the City (the "Agreement"); WITNESSETH: WHEREAS, pursuant to Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, the County and the City have created the Authority for the purposes, among other things, of providing financial assistance to its members and other public entities; and WHEREAS, the County and the City have determined that the number of members of the Board of Directors of the Authority should be changed to provide for equal representation between the County and the City. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the County and the City do hereby agree as follows: Section 1. The first paragraph of subdivision B of Section 3 of the Agreement is hereby amended to read as follows: "The Authority shall be administered by a governing board of four (4) members, each serving 1n their individual capacities as members of the governing board. Two (2) members shall be appointed by the Mayor and Common Council of the City in the manner required by the Charter of the City for such appointments, and two (2) members shall be appointed by the Board of Supervisors of the County. Such governing board shall be called the "Governing Board of the San Bernardino Public Safety Authority." All voting power shall reside in the governing board. All members of the governing board are to be electors of the County." Section 2. This Seventh Amendment is made in the State of California under the constitution and laws of the State of California, and is to be so construed, and in accordance with the provisions of the Agreement. Exhibit A - Page 1 8/30/94 sws #62 . . f 94 253 Section 3. Should any part, term or provision of this Seventh Amendment be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby, Section 4. amendment to be filed California as soon as The Secretary shall cause a notice of with the Secretary of State of the State of practicable. IN WITNESS WHEREOF, the parties hereto have caused this Seventh Amendment to be executed and attested by their proper officers thereunto duty authorized and their official seals to be hereto affixed, on the day and year first set forth above. SAN BERNARDINO COUNTY By _If) ~lo'~ A 11. CAY /~ JOND.MlKElS . a , "Board of Supervisors (SEAL) -----/},'T''"rRST: Clerk of the Board of Supervisors CITY OF SAN BERNARDINO By -J~/J~ MaYOr (SEAL) ATTEST: ~~C~ CI""'D 'NO GE ":.'.'-'" RTIFIED THAT A COpy OF THIS f:U~UI~lEtJTH;:,S llEH.J DELIVERED TO THE CHAIR. M;~_N uF THt BOARD. EARLENE SPROAT Clerk of the Snaru of SuperviS~)fS I the Go nty of 52" .r ,in, 1 . SBEO\OOOl\DOC\10QOA 08\08\94 1050 6 Exhibit A - Page 2 94 ?.53 , CITY OF San Bernardino OFFICE OF THE MAYOR TOM M MAYOR NOR August 23, 1994 Mr. John Giblin Deputy Administrative Officer County of San Bernardino 385 North Arrowhead Ave., 5th Floor San Bernardino, CA 92415-5408 RE: Public Safety Authority Dear Mr. Giblin: Enclosed please find ten (10) copies of San Bernardino Resolution 94-253, amending the joint exercise of powers agreement relating to the San Bernardino Public Safety Authority. Also enclosed are four (4) executed copies of the Seventh Amendment. Please obtain the appropriate signatures and return three (3) fully executed copies to the City. Thank you for your assistance with this matter. Assistant Encl. b, \~~l., \>.\)\:l t 300 NORTH CALIFORNIA (10')384_5133 0' STREET. SAN BERNARDINO. 92418.000t FAX - (lOt) 3 . .. _ 5 .. a 1 PRIDE .I ~/N PROGRESS ~,;t' . ,. C1 i('l- S 'S &UTES OF THE BOARD OF SUPIVISORS; OF SAN BERNARDINO COUNTY, CALIFORNIA . Clerk I s Office: PSA w/orig. agree. Appts: PSA Inc. CIties: San Bernardino AUGUST 30, 1994 FROM: JAMES J. HLAWEK County Administrative Officer SUBJECT: RESOLUTION AMENDING THE PUBLIC SAFETY AUTHORITY (PSA) TO FOUR MEMBERS RECOMMENDATION: Adopt Resolution #94-182 authorizing and directing execution of Amend- ment #7 to the Joint Exercise of Powers Authority between the County and City of San Bernardino relating to the San Bernardino Public Safety Authority in connection with the equalization of representation of members of the authority and authorizing official actions related thereto. BACKGROUND: The County and City of San Bernardino formed the Public Safety Authority, a Joint Powers Authority in 1967. The County originally used this authority to issue revenue bonds to finance the Central Jail and Juvenile Hall. In the interim, the County has used the Authority to finance the Sheriff's Headquarters and the new Telephone System. However, through refunding and the actual retirement of debt, the County has no active issue in the Public Safety Authority. The City used the Public Safety Authority to finance its Waste Water Treatment Plant. The composition of the Authority has been two county appointees and one city appointee. This amendment would change the composition to two county and two city appointees. The reason for this recommendation is the County has an option to finance a part of its Unfunded Insurance Liability. Bond counsel has determined that under the IRS statutes, the issuance of debt to fund the Unfunded Liability requires a neutral Joint Powers Authority to issue non-taxable debt. This amendment would accomplish that objective. REVIEW BY OTHER DEPARTMENTS: This item has been reviewed by the County Administrative Office, County Counsel and Jones Hall Hill & White as bond cOW1Sel. FINANCIAL IMPACT: None. PRESENTER: John M. Giblin, Deputy Administrative Officer, County Administrative Office cc w/Res.: . CAO-J. Giblin City of San Bernardino w/3 orig. agrees. c/o CAO Sheriff Admin. Auditor County Counsel PM.. Jones, Hall, Hill & White c/o CAO File RESOLUTION 94-182 Action of the Board of Supervisors APPROVED BOAFIDOF SUPERVISORS COUNTY' OF SANBER~~RDINO MOTION AYE ABSENT SECOND ABSENT MOVE 1 2 345 ',;,Rl~'f~' cc:"t~ DA~994 sws Item 62 . .' " , ,94 .253 . . ~ 29008-60 (County Res re JP A Agt Amendment) jHHW:BDQ:rhc 07/25/94 August 30, 1994 ( SAN BERNARDINO COUNTY. CALIFORNIA RES OL U110N NO. 94-182 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN THE COUNTY AND THE CITY OF SAN BERNARDINO RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO On Tuesday, August 30, 1994, on motion by Supervisor E"vp" . duly seconded by Supervisor RlOrdan and carried, the following resolution is adopted: WHEREAS, pursuant to Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, San Bernardino COlUlty (the "COlUlty") and the City of San Bernardino (the "City") have, by Joint Exercise of Powers Agreement, dated April 1, 1968, as amended (the "Agreement"), created the San Bernardino Public Safety Authority (the "Authority") for the purposes, among other things, of providing financial assistance to its members and other public entities; and WHEREAS, the COlUlty and the City have determined that the number of members of the Board of Directors of the Authority should be changed to provide for equal representation between the COlUlty and the City; NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: Section 1. Approval of Amendment; Amendment of Agreement. The COlUlty hereby approves the equalization of representation of the members of the Authority and approves a seventh amendment to the Agreement (the "Seventh Amendment") in the form attached hereto as Exhibit A. The COlUlty hereby authorizes and directs the COlUlty Administrative Officer, the Assistant COlUlty Administrative Officer Dr any Deputy Administrative Officer to execute and deliver the Seventh Amendment in such form, together with any changes therein or additions thereto deemed advisable by the COlUlty Administrative Officer, the Assistant County Administrative Officer or any Deputy Administrative Officer, upon consultation with County Counsel and Bond Counsel, the approval of such changes to be conclusively evidenced by the execution of such document by the County Administrative Officer, the Assistant County Administrative Officer or any Deputy Administrative Officer. The County hereby authorizes the delivery and performance by the County of the Seventh Amendment. . Section 2. Official Actions. The County Administrative Officer, the Assistant County Administrative Officer, any Deputy Administrative Officer, the Clerk of the Board of Supervisors and any and all other officers of the County are hereby authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents which 8/30/94 sws #62 . . , 94 253 they, or any of them, may deem necessary or advisable in order to conSummate the transactions contemplated by the document approved pursuant to this Resolution. Section 3. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption, ................... PASSED AND ADOPTED by the Board of Supervisors of San Bernardino County, State of California, by the following vote: AYES: Riordan, Eaves, Turoci NOES: None ABSENT: Walker, Mikels STATE OF CALIFORNIA ) ) ss: SAN BERNARDINO COUNTY ) I, EARLENE SPROAT, Clerk of the Board of Supervisors of San Bernardino County, California, State of California, hereby certify that foregoing to be a full, true and correct copy of the record of the action taken by said Board of Supervisors, by vote of the members present, as the same appears in the Official Minutes of said Board at its meeting of August 30, 1994. ,_.,":"<7,"<'-:-:;-'C-.',,", ::iZ:~k01~ Deputy i . _.,_;;':':':;"~',;:I>";Y'" -2- 8/30/94 sws #62 . . 94 2~3 .- EXHIBIT A SEVENTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT dated August 30 , 1994 by and between SAN BERNARDINO COUNTY and the CITY OF SAN BERNARDINO Amending that certain Joint Exercise of Powers Agreement dated April 1, 1968, as amended, by and between San Bernardino County and the City of San Bernardino (SAN BERNARDINO PUBLIC SAFETY AUTHORITY) 8/30/94 sws #62 . . 94 ,,~ ? :, ~, '-' SEVENTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT THIS SEVENTH AMENDMENT TO JOINT POWERS AGREEMENT (the "Seventh Amendment"), dated August 30 ,1994, by and between SAN BERNARDINO COUNTY, a public body organized and existing under the laws of the State of California (the "County"), and the CITY OF SAN BERNARDINO, a municipal corporation and charter city organized and existing under the constitution and laws of the State of California (the "City"), amending that certain Joint Exercise of Powers Agreement, dated April 1, 1968, as amended, by and between the County and the City (the "Agreement"); WITNESSETH: WHEREAS, pursuant to Articles 1 through 4 (commencing with section 6500) of Chapter 5, Division 7, Title 1 of the California Government Code, the County and the City have created the Authority for the purposes, among other things, of providing financial assistance to its members and other public entities; and WHEREAS, the County and the City have determined that the number of members of the Board of Directors of the Authority should be changed to provide for equal representation between the County and the City. NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the County and the City do hereby agree as follows: Section 1. The first paragraph of subdivision B of Section 3 of the Agreement is hereby amended to read as follows: "The Authority shall be administered by a governing board of four (4) members, each serving 1n their individual capacities as members of the governing board. Two (2) members shall be appointed by the Mayor and Common Council of the City in the manner required by the Charter of the City for such appointments, and two (2) members shall be appointed by the Board of Supervisors of the County. Such governing board shall be called the "Governing Board of the San Bernardino Public Safety Authority. " All voting power shall reside in the governing board. All members of the governing board are to be electors of the County." Section 2. This Seventh Amendment is made in the State of California under the constitution and laws of the State of California, and is to be so construed, and in accordance with the provisions of the Agreement. Exhibit A - Page 1 8/30/94 sws #62 ~ _94 ')11';" ,'"'' oJ . . Section 3. Should any part, term or provision of this Seventh Amendment be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. Section 4. amendment to be filed California as soon as The Secretary shall cause a notice with the Secretary of State of the State practicable. of of IN WITNESS WHEREOF, the parties hereto have caused this Seventh Amendment to be executed and attested by their proper officers thereunto duty authorized and their official seals to be hereto affixed, on the day and year first set forth above. SAN BERNARDINO COUNTY By o<D~ JON D. M:Ki:;LS , Board of Supervisors (SEAL) Jrf~~C!"r: Clerk of the Board of Supervisor<r CITY OF SAN BERNARDINO By -;;;;;;-7Jt~~ Mayor . (SEAL) ATTEST: ~~IP.~ Cit .lerk SIGNED MiD CERTIf![O TH.U .~ COry OF THIS DOCUMENT H,~S BEEN DEUVEHED -,0 THE CHAiil- MAN Of THE BOARD. EARLENE SPf~OA T Clerk of the Board of Suporvi,ors Jt ~. he}o" ty of Sa: B8rt1Uf7; -.L D_ _ JLJ; . Deputy SBEO\OOOl\DOC\1000A 08\08\94 1050 Exhibit A - Page 2 ~ 94' 253 . . FOR COUNTY USE ONL Y '~\\ll'ltle ~t~ - ... ~ ~...... ,i1fII'I'\'\~\ E New Vendor Code Dept. Contract Number M Change SC A AMENlliENT #7 X Cancel CAO County Department Dept. Orgn. Contractor's License No. County Administrative Office CAO O( 0 County Department Contract Representative Ph. Ext. Amount of Contract John M. Giblin 387-5408 Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GAC/PROJ/JOB Number Commodity Code Estimated Payment Total by Fiscal Year FY Amount I/O FY Amount 110 Project Name - - - - - - - - - - - - County of San Bernardino FAS CONTRACT TRANSMITTAL CONTRACTOR Public Safety Authority Birth Date Federal ID No. or Social Security No. Contractor's Representative Clerk of the Board of Supervisors Address 385 North Arrowhead Avenue t 5th Floor SB Phone(909) 387-3843 Nature of Contract: (Btiefly desctibe the genera' tetms of the conttact) This amendment to the Joint Powers Authority adds a fourth member appointed by the C~ty of San Bernardino. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) ~ County Counsel Date ~ Date Approved as to Legal Form Reviewed as to Affirmative Action Date \ 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 253 RESOLUTION NO. 94-253 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. WHEREAS, pursuant to Article 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the California Government COde, San Bernardino County (the "County") and the City have, by Joint Exercise of Powers Agreement, dated April I, 1968, as amended (the "Agreement"), created the San Bernardino Public Safety Authority (the "Authority") for the purposes, among other things, _of providing financial assistance to its members and other public entities; and WHEREAS, the County and the City have determined that the number of members of the Board of Directors of the Authority should be changed to provide for equal representation between the County and City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Recitals hereinabove are true and correct and are incorporated herein by the reference. SECTION 2. The City hereby approves the equalization of representation of the members of the Authority and approves a seventh amendment to the Agreement (the "Seventh Amendment") in the form attached hereto as Exhibit A. The city hereby authorizes and directs the Mayor to execute and deliver the Seventh Amendment in such form, together with any changes to \ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '94-253 . . RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. be conclusively evidenced by the execution of such document by the Mayor. The City hereby authorizes the delivery and performance by the City of the Seventh Amendment. SECTION 3. The findings and determinations herein shall be final and conclusive. This resolution shall take effect upon the date of its adoption. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the , 1994, by the following vote, to 15th day of Auqust wit: / / / / / / / / / / / / 94-253 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN SAN BERNARDINO COUNTY AND THE CITY RELATING TO THE SAN BERNARDINO PUBLIC SAFETY AUTHORITY IN CONNECTION WITH THE EQUALIZATION OF REPRESENTATION OF MEMBERS OF THE AUTHORITY AND AUTHORIZING OFFICIAL ACTIONS RELATED THERETO. ~l~ The foregoing resolution is hereby approved this 19th day of Auqust , 1994 ~~~ om Minor, ayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney .--:) ,) 94 253 ; . . CITY OF San Bernardino OFFICE OF THE M'YOR TOM M .. A Y 0 R August 23, 1994 NOR Mr. John Giblin Deputy Administrative Officer County of San Bernardino 385 North Arrowhead Ave., 5th Floor San Bernardino, CA 92415-5408 RE: Public Safety Authority Dear Mr. Giblin: Enclosed please find ten (10) copies of San Bernardino Resolution 94-253, amending the joint exercise of powers agreement relating to the San Bernardino Public Safety Authority. Also enclosed are four (4) executed copies of the Seventh Amendment. Please obtain the appropriate signatures and return three (3) fully executed copies to the City. Thank you for your assistance with this matter. Encl. 300 NORTH CALIfORNIA ('0'13'4-5133 Assistant &. \<:j<:jl.. \>.\)<0 1. D' STREET. SAN BERNARDINO, 92418.0001 FAX . CI 0 I, 3 . 4 _ 5 4 I 1