4905-6660-6683.I 012307.001
736002v1
FOURTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT -
FRESNO-MADERA AREA AGENCY ON AGING
Pursuant to Paragraph 10 of the 1980 Joint Exercise of Powers Agreement ("Agreement") entered into between the Counties of Fresno and Madera and the City of Fresno, the patties to that Agreement do hereby amend the Agreement as follows:
SECTION I: Paragraph 2 of the Agreement is amended to read:
2. ADMINISTERING AGENCY. A separate entity called the Fresno-Madera Area Agency on Aging (FMAAA) is hereby established to admi nister this Agreement. This agency shall possess the powers to contract, acquire property, employ staff, incur debts, and perform any other act necessary for the purposes hereof. As a separate entity with these powers, the FMAAA shall have the power to sue and be sued in its own name. The debts, liabilities and obligations of the FMAAA shall not be debts, liabilities and obligations of the parties to the Agreement. Such powers shall be exercised subject only to such restrictions upon the manner of exercising such powers as are imposed upon the County of Fresno in the exercise of similar powers, as provided in Section 6509 of the California Government Code.
SECTION 2: Paragraph 3 of the Agreement is amended to read:
3. GOVERNING BOARD. The Governing Board of the FMAAA shall consist of fifteen (15) members, five (5) appointed by each participating entity. Each entity shall appoint one (1) of its own elected members and an alternate for the appointed elected member: the alternate may be either an elected member or a non-elected individual, and four (4) senior citizens residing within the boundaries of that entity. The Governing Board shall require a minimum affirmative vote of a quorum, with the Chairperson being permitted to cast their vote in the same manner as other members.
SECTION 3: This amendment sha ll be effective as of the date it is executed by the last party to the Agreement.
IN WITNESS WHEREOF, the parties hereto, pursuant to resolutions of their respective governing boards, have caused this Fourth Amendment to the Agreement to be executed on the dates shown below.
COUNTY OF FRESNO ATTEST
By: ------------------------------------------- -
Chairperson
Board of Supervisors
Dated:
Fresno County Clerk
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4905-6660-6683.1 0 I 2307.00I
COUNTY OF MADERA ATTEST
By: __________________
Chairperson
Board of Supervisors
Madera County Clerk
Dated:
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
Fresno City Attorney
By:
Date
Sukhman S. Sekhon
Deputy City Attorney
ATTEST:
AMY K. ALLER
Fresno City Clerk
By:
Date
Deputy
Approved as to Form:
Chris Onstott
General Counsel for FMAAA