Cities Index.
Agreement

San Jose City Council
January 31, 2023

Document
Agreement
Meeting
January 31, 2023
Body
San Jose City Council
Original file
280 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

1 T-40239/1991604

AMENDMENT TO

CALIFORNIA CITIES GAMING AUTHORITY

JOINT EXERCISE OF POWERS AGREEMENT

TO ADMIT THE CITY OF BELL
This Amendment (“Amendment”) to the California Cities Gaming Authority Joint Exercise of Powers Agreement (“Agreement”) is made and entered into by and between the City of Gardena, the City of Inglewood, the Town of Colma, the City of San Jose and the City of Bell (hereafter “Party” or “Parties”).

RECITALS
A. The California Cities Gaming Authority, a Joint Powers Authority, (hereafter “CCGA”) was established on November 13, 2019 by the execution of the Agreement between the City of Gardena and the City of Inglewood and Amendments to the Agreement to add the Town of Colma and the City of San Jose.

B. Section 7.1 of the Agreement of the CCGA provides for the admission of additional governmental entities as Members of the CCGA upon such terms and conditions provided by the Board with the consent of a two-thirds vote of the Board and by the execution of a written Amendment to the Agreement by all Members of the CCGA including the additional Member.

C. The Board of Directors of the CCGA has consented, by a two-thirds vote, to admit the City of Bell as a Member to the CCGA subject to the terms and conditions of Agreement and this Amendment to the Agreement by the City of Bell and the Members of the CCGA.

D. The City Council of the City of Bell has voted to become a Member of the CCGA subject to the terms and conditions of Agreement and this Amendment to the Agreement.

NOW, THEREFORE, the Parties hereto agree as follows:

1. The recitals herein are true and correct.

2. The California Cities Gaming Authority Joint Exercise of Powers Agreement is approved and incorporated herein and made a part hereof.

3. Paragraph 3.10 of the Agreement is amended to read as follows:

The Directors shall appoint the following officers from among its Members: Chairperson, Vice Chairperson and Secretary. The Treasurer of the Authority shall be the Treasurer of a Member of the Authority, an offer or employee of a Member or the Authority, or a certified public accountant, as determined by the Board, for the term and on the conditions provided herein. The Treasurer shall also serve as the Auditor except where a certified public accountant has been designated as the Treasurer. The Board shall have the power to appoint such additional officers as it deems necessary or desirable. All checks drawn on DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 2 T-40239/1991604
the Authority’s accounts shall be signed by the Chairperson or the Vice Chairperson and by the Treasurer.

4. The City of Gardena, the City of Inglewood, the Town of Colma and the City of San Jose hereby agree to admit the City of Bell as a Member to the CCGA and to be bound by the terms and conditions of the Agreement and this Amendment to the Agreement.

5. The City of Bell hereby agrees to be admitted as a Member of the CCGA and to be bound by the terms and conditions of this Amendment to the Agreement and the terms and conditions of the Agreement as though it had duly executed the Agreement. The City of Bell further agrees that:
(a) It will participate actively in the governance of the CCGA and it acknowledges that the CCGA shall be governed by a Board of Directors.
(b) It will designate one of its council members to serve as a Regular Director of the Board of Directors of the CCGA who will agree to attend its meetings. (c) It will designate another of its council members to serve as an Alternate Director of the Board of Directors of the CCGA who will agree to attend its meetings, in the absence of its Regular Member.
(d) It will pay its pro-rata share of the annual contribution set forth in Paragraph 4.1 of the Agreement in the amount of $30,000 to the Authority in the manner set forth in Paragraph 4.2 of the Agreement meaning that its pro-rata share for the 2022-2023 fiscal year only shall be limited to $15,000.

6. Each party hereto enters into this Amendment on the date its Presiding Officer signs it; and this Amendment to the Agreement shall be effective on the date that it is signed by the last Presiding Officer of a party to sign it. Each party hereto understands and agrees that this Amendment effectively modifies the Agreement in that the City of Bell is hereby added as a Member to the Authority with a seat on the Board of Directors of the CCGA, Paragraph 3.10 of the Agreement is modified as set forth in Paragraph 3 hereof, and the City of Bell is deemed to have signed the Agreement.

7. Each party may sign this Amendment on a separate page and each such signature page shall constitute the whole hereof.
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3 T-40239/1991604

CITY OF GARDENA CITY OF INGLEWOOD
By: ____________________________ By: ___________________________ Its Mayor Its Mayor
Date: __________________________ Date: __________________________ Attest: City Clerk Attest: City Clerk
By: ____________________________ By: ___________________________ Approved: City Attorney Approved: City Attorney
By: ____________________________ By: ___________________________

TOWN OF COLMA CITY OF SAN JOSE
By: ____________________________ By: ____________________________ Its Mayor Its Mayor
Date: ___________________________ Date: ___________________________ Attest: City Clerk Attest: City Clerk
By: _____________________________ By: _____________________________ Approved: City Attorney Approved: City Attorney
By: _____________________________ By: _____________________________

CITY OF BELL
By: _____________________________
Its Mayor
Date: ____________________________
Attest: City Clerk
By: _____________________________
Approved: City Attorney
By: _____________________________
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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