2015-035 - Approving the Third Amendment to the Orange County Fire Authority

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WHEREAS, on July 1, 2010, the members entered into a First Amendment to the Amended Joint Powers Agreement ( "First Amendment ") which amender) several provisions of the 1999 Amended Agreement; and WHEREAS, on April 20, 2012, the City of Santa Ana joined the Authority and became a party to the 1999 Amended Agreement and the First Amendment; and WHEREAS, on November 18, 2013, the members entered into the Second Amendment to the Amended Joint Powers Agreement ( "Second Amendment") which amended several provisions of the 1999 Amended Agreement. Litigation has been filed by the County challenging the validity of the Second Amendment, and the litigation remains unresolved as of the date of this Third Amendment; WHEREAS, the parties wish to adopt this Third Amendment to eliminate alternative Board directors; NOW THEREFORE, the members agree to amend the 1999 Amended Agreement as follows: AGREEMENT 1. Article 11, Section 2 of the 1999 Amended Agreement shall be amended to read as follows: 2. D!eslgnation_ of Directors. Each member by resolution of Its governing body shall designate and appoint one representative to act as its Director on the Authority Board of Directors (the "Board "), except the County whose Board of Supervisors shall appoint two representatives to act as Its Directors. Each representative shall be a current elected member of the governing body. Each Director shall hold office until the selection of a successor by the appointing body. 0 019 k. wsl Each Director shall serve at the pleasure of his or her appointing body and may be removed at any time, with or without cause, at the sole discretion of that appointing body. Any vacancy shall be filled in the same manner as the original appointment of a Director With approval of the Board, a Director 1097986.1 Resolution No. 2015 -035 Page 4 of 5