FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement This First Amendment to the Stanislaus Animal Services Agency Joint Powers Agency Agreement (“Agreement”) dated October 27, 2009 by and between the cities of Ceres, Hughson, Modesto, Patterson, Waterford and the County of Stanislaus, (“County”), hereinafter referred to as “Parties”, is made and entered into and will be effective as of the date approved by 2/3 majority of the parties to the agreement.
WHEREAS section 3.3 of the Agreement, states in part that pursuant to Government Code section 6509, the Agency’s manner of exercising such powers shall be subject to those restrictions applicable to the City of Modesto;
WHEREAS the Stanislaus Animal Services Agency Board ( “Board”) has voted that this proposed draft amendment be brought before the Parties to the effect that the Agency’s manner of exercising its powers currently subject to the restrictions applicable to the City of Modesto be replaced by restrictions applicable to the County of Stanislaus;
WHEREAS this Amendment is for the benefit of the Joint Powers Agency; WHEREAS Section 6.11 of the Agreement allows the parties to amend the Agreement upon mutual consent of a 2/3 majority of the parties to the Agreement provided the amendment is in written form and executed with the same formalities as the Agreement and attached to the original Agreement to maintain continuity; NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. Section 3.3 of the Agreement is hereby deleted in its entirety and replaced by the following:
3.3 Powers and Functions. The Agency shall have the common power of the Member Agencies to plan, establish and exercise all government functions necessary to provide animal services for the benefit of the Member Agencies. Pursuant to Government Code Section 6509, the Agency's manner of exercising such powers shall be subject to those restrictions applicable to the City of Modesto County of Stanislaus. The Agency Board is authorized to do the following in the name of the Agency:
(a) Employ an Executive Director as the chief administrative officer of the Agency. (b) Employ agents and employees and contract for professional services and employee services from another public agency. The Agency Board may appoint sufficient personnel to act in a staff capacity for the Agency, which may include staff from Member Agencies and may hire and retain consultants, Personal Services Contractors, and others, as determined to be necessary to accomplish the purposes of this Agreement.
(c) Make and enter into contracts authorized in the Agency budget. (d) Acquire, hold and convey real and personal property, including leasehold interests, and exercise the power to acquire real property by eminent domain.
(e) Cooperate with other agencies, counties and other local public and non profit groups or private agencies and participate in joint projects as necessary. (f) Incur debts, obligations and liabilities, which shall be the sole responsibility of Agency and shall not be a debt, obligation or liability of Member Agencies. (g) Accept contributions, grants or loans from any public or private agency or individual, or the United States, the State of California or any department, instrumentality or agency thereof, for the purposes of financing its activities.
(h) Sue and be sued, in its own name only, but not in the name or stead of any Member Agency. (i) Adopt Bylaws to govern or regulate the conduct of meetings, designate Agency officers, and other affairs of the Agency not otherwise specified in this Agreement. (j) Do all other acts reasonable and necessary to carry out the purposes of this agreement.
2. All other terms and conditions of the Agreement shall remain in full force and effect to the extent they are not in conflict with this Amendment.
3. The signatures of the Parties to this Amendment may be executed and acknowledged on separate pages or in counterparts which, when attached to this Amendment, shall constitute one complete Amendment.
IN WITNESS WHEREOF, the parties or their duly authorized representatives have executed this Amendment No. 1, to be effective as of the date approved by 2/3 majority of the parties to the agreement. - Signatures on Following Pages-
FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF CERES
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF HUGHSON
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF WATERFORD
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF PATTERSON
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney
FIRST Amendment
To
Stanislaus Animal Services Agency Joint Powers Agency Agreement
CITY OF MODESTO
By:
Mayor
Attest:
By:
City Clerk
Approved as to Form:
By:
City Attorney