HomeMy WebLinkAbout19-263WHEREAS, on August 15, 2019, the Board of Directors of Golden State Finance Authority (GSFA), a Joint Powers
Authority of which Butte County is a member, voted unanimously to approve proposed revisions to the Joint Powers
Authority (JPA) Agreement; and
WHEREAS, the revisions to the JPA Agreement have been provided to each Member County for review and
approval; and
WHEREAS, the members of the Board of Supervisors, of the County of Butte have each been provided with a copy
of the revisions to the JPA Agreement for review;
0 1. . 1, 1,
111 11 1 1 111 1 Jill III
1. The Board of Supervisors hereby approves the revisions to the JPA Agreement, in subs,tanitiallly the form
attached hereto as ATTACHMENT 1 and incorporated herein by reference.
2. The Board of Supervisors authorizes and directs the Clerk of the Board of Supervisors to transmit a copy
of this Resolution to the Executive Director of GSFA.
vote:
PASSED AND ADOPTED by the Butte County Board of Supervisors this 8` day of October, 20191, by the following
AYES: Supervisors Connelly, Luicero, Ritter, Teeter, and Chair Lambert
NOES:
ABSENT:
Shari McCracken, Chief Administrative Officer
and C er the d of Supervisors
By: _ ='-
Deputy (3�
Steve Lambert,wu
Butte County Board of Supervisors
ATTACHMENT 1
GOLDEN STATE FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and as last amended and restated August 1 4, 2019)
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
("Agreement") is entered into by and among the counties listed on Attachment 1 hereol' and
incorporated herein by reference. All such counties are referred to herein as "Members" with die
respective powers, privileges and restrictions provided herein.
RECITALS
A. WHEREAS, the California Rural Home Mortgage Finance Authority ("CRIIMFA") was
created by a Joint Exercise of Powers Agreement elated July 1, 1993 pursuant to the Joint Exercise
of Powers Act (commencing with Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of Califonna (the "Act"). By Resolution 2003-02, adopted on
January 15, 2003, the name of the authority was changed to CRHMFA Homebuyers Fund. Oil
December 10, 2014, the name of the authority was changed to California Home finance
Authority. On May 5, 2015, the name of the authority was changed to Golden State Finance
Authority. The most recent amendment to the Joint Exercise of Powers Agreement was on May 5,
2015.
B. WHEREAS, the Members of Golden State finance Authority desire to update, reaffirm,
clarify and revise certain provisions of Ehc ,joint powers' agreement, including the renaming of the
,joint powers authority, as set forth herein.
C. WHEREAS, the Members are each empowered by law to rinance die construction,
acquisition, improvement, preservation, and rehabilitation of'rcal property and infrastructure.
D. WHEREAS, the Members are each empowered by law to establish and operate programs
and prgjects to promote public safety, economic development, and environmental protection,
including without limitation forest resiliency, wildfire risk reduction, air quality improvement, an(]
waste diversion and reuse.
E. WHEREAS, by this Agreement, the Members desire to create and establish a Joint powers
authority to exercise their respective powers for the purposes of financing the construction,
acquisition, improvement, preservation, and rehabilitation of real property and infrastructure as
authorized by the Act, and establishing and operating programs and projects to promote public
safety, economic development, and environmental protection, including without limitation forest
resiliency, wildfire risk reduction, air quality improvement, and waste diversion and reuse.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Members
individually and collectively agree as follows:
1. Definitions
Unless the context otherwise requires, the following terms sliall for purposes of this
Agreement have the meanings specified below:
"Act" means the Joint Exercise of Powers Act, commencing with Article 1 of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, including the Marks -Roos
Local Bond Pooling Act of 1985, as amended.
"Agreement" means this Joint Exercise of Powers Agreement, as the same now exists or as it
may from time to time be amended as provided herein.
'Associate Member" means a county, city or other public agency which is not a voting
member of the Rural County Representatives of California, a California nonprofit corporation
("RCRC" ), with legal power and authority similar to that of the Members, admitted pursuant to
paragraph 4.d. below to associate membership herein by vote of the Board.
"Audit Committee" means a committee made up of the Executive Committee.
"Authority" means Golden State finance Authority (GSFA) formerly known as California
Home Finance Authority ("CHIS."), or CRHMFA Homebuyers Fund or California. Rural Home
Mortgage Finance Authority.
'Board" means the governing board of the Authority as described in Section 7 below.
"Bonds" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreemcnLs and olllcr securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other obligation
within the meaning of the term "Bonds" under the Act.
"Delegate" means the Supervisor designated by the governing board of each Member to
serve on the Board of die Authority.
"Executive Committee" means the Executive Committee of the Board established pursuant
to Section 10 hereof.
"Member" means any county which a member of RCRC, has executed this Agreement incl
has become a member of the Authority.
"Obligations" means bonds, notes, warrants, leases, certificates of participation, installment
purchase agreements, loan agreements and other securities or obligations issued by the Authority,
or financing agreements entered into by the Authority pursuant to the Act and any other financial
or legal obligation of the Authority under the Act.
"Program" or "Project7 means any work, improvement, program, project or service
undertaken by the Authority.
'Rural County Representatives of California" or "RCRC" means the nonprofit entity
incorporated under that name in the State of California.
"Supervisor" means an elected County Supervisor from an RCRC member county.
2. Purpose
The purposes of the Authority are to provide financing for the acquisition, construction,
improvement, preservation, and rehabilitation of real property and infrastructure, and to establish
and operate programs and projects to promote public safety, economic development, and
environmental protection, including without limitation forest resiliency, wildfire risk reduction, air
quality improvement, and waste diversion and reuse, in accordance Willi applicable provisions of
law for die benefit of residents and communities. In pursuit of this purpose, this Agreement
provides for the joint exercise of powers common to any of its Members and Associate Members
as provided herein, or otherwise authorized by the Act and other applicable laws, including
provision of financing and other programs and projects as authorized herein, jointly exercised in
the manner set forth herein.
3. Principal Place of Business
The principal office of' Che Authority shall be 1215 K Street, Suite 16.50, Sacramento,
California 95814.
4. Creation of Authority; Addition of Members or Associate Members
a. The Authority is hereby created pursuant to the Act. As provided in the Act, the
Authority shall be a public cntity separate and distinct from the Members or Associate Members.
b. The Authority will cause a notice of this Agreement or any amendment hereto to
be prepared and filed With the office of the Secretary of' State of California in a timely fashion in
the manner set forth in Section 6503.3 of the Act.
C. A county that is a member of RCRC may petition to become a member of the
Authority by submitting to the Board a resolution or evidence of other formal action taken by its
governing body adopting this Agreement. The Board shall review the petition for membership
and shall vote to approve or disapprove the petition. If the petition is approved by a majority of
the Board, such county shall immediately become a Member of the Authority.
d. An Associate Member may be added to the Authority upon the affirmative
approval of its respective governing board and pursuant to action by die Authority Board upon
such terms and conditions, and with such rights, privileges and responsibilities, as may be
established from time to time by the Board. Such terms mid conditions, and rights, privileges anti
responsibilities may vary among the Associate Members. Associate Members shall be entitled to
participate in one or more programs of tae Authority as determined by the Board but shall not be
voting members of the Board. The Executive Director of the Authority shall enforce the terms
and conditions for prospective Associate Members to the Authority as provided by resolution of
dhc Board and as amended from time to time by the Board. Changes in the terms aid conditions
for Associate Membership by die Board will not constitute an amendment of this Agreement.
5. Term and Termination of Powers
This Agreement shall become effective from the date hereof until such time as it is
terminated in writing by all the Members; provided, however, that this Agreement shall not
terminate or be terminated until the earlier of the time when all Bonds and any interest thereon
shall have been paid in full, or provision for such payment shall have been made, or when the
Authority shall no longer own or hold any interest in a public capital improvement or program.
The Authority shall continue to exercise the powers herein conferred upon it until termination of
this Agreement, except that if aiy bonds are issued and delivered, in no event shall the exercise of
the powers herein granted be terminated until all Bonds so issued and delivered and die interest
thereon shall have been paid or provision for such payment shall have been made and any other
debt incurred with respect to ally other financing program established or administered by die
Authority has been repaid in full and is no longer outstanding.
6. Powers; Restriction upon Exercise
a. To cfieectuate its purpose, the Authority shall have the power to exercise any and all
powers of the Members or of a ,joint powers' authority under die Act and other applicable
provisions of law, subject, however, to the conditions and restrictions herein contained. Each
Member or Associate Member may also separately exercise any and all SiCII i?Owers. The powers
of lie Authority are limited to those of a general law county.
b. The Authority may adopt, from time to time, such resolutions, guidelines, rules and
regulations for the conduct of its meetings and the activities of die Authority as it deems necessary
or desirable to accomplish its purpose.
C. The Authority shall have the power to finance die construction, acquisition,
improvement, preservation, mid rehabilitation of real property and infrastructure, including
without limitation die power to purchase, with die amounts received or to be received by it.
pursuant to a bond purchase agreement, bonds issued by ally of' its Members or Associate
Members and other local agencies at public or negotiated sale, for die purpose set Forth herein and
in accordance with die Act. All or any pard of such bonds so purchased may be held by die
Authority or resold to public or private purchasers at public or negotiated sale. The Authority shall
set any other terms and conditions of' any purchase or sale contemplated herein as it deems
necessary or convehnehht and hn furtherance of die Act. The Authority may issue or cause to be
issued Bonds or other indebtedness, and pledge ally of its property or revenues as security to the
extent permitted by resolution of the Board under any applicable provision of law. The Authority
may receive funds from any lawful source and may issue Bonds in accordance with die Act in
order to raise funds necessary to effectuate its purpose thereunder and may enter into agreements
to secure such Bonds. The Authority may issue other forms of indebtedness authorized by the
Act or applicable law, and to secure such debt, to further such purpose. Without limiting the
generality of die foregoing, die Authority shall be empowered to issue industrial development
bonds pursuant to the California Industrial Development Financing Act (Wide 10 (commencing
with Section 91500) of tic Government Code of die State of California). The Authority may utilize
other forms of capital, including, but iiot limited to, the Authority's internal resources, capital
markets and other forms of private capital investment authorized by die Act. The Authority shall
Further have die power to establish and operate programs and praiects to promote public safety,
economic development, and environmental protection, including without limitation forest
resiliency, wildfire risk reduction, air quality improvement, and waste diversion and reuse. The
Authority may exercise the common powers of the Members and exercise all additional powers
given to a joint powers entity under any of the laws of die State of California, including, but not
limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement.
d. The Authority is hereby authorized to do all acts necessary for die exercise of' its
powers, including, but not limited to:
(1) executing contracts,
(2) employing agents, consultants and employees,
(3) acquiring, constructing or providing for maintenance and operation of any
building, work or improvement,
(4) acquiring, holding or disposing of real or personal property wherever
located, including property subject to mortgage,
(5) incurring debts, liabilities or obligations,
(6) receiving grants, gifts, contributions and donations of property, funds,
services and any other forms of assistance from persons, firms, corporations
or governmental entities,
(7) suing and being sued in its own name, and litigating or setting any suits or
claims,
(S) doing any and all things necessary or convenient to tae exercise of' its
specific powers and to accomplishing its purpose
(9) establishing and/or administering districts to finahhce and refinance die
acquisition, installation and improvement of energy efficiency, water
conservation, wildfire safety, seismic strengthening, and renewable energy
improvements, or any other improvements autioried by law, to or on real
property and in buildings. The Authority may enter into one or more
agreements, including without limitation, participation agreements and
implementation agreements to implement such programs.
(10) establishing and administering one or more nonprofit corporations under
die Nonprofit Corporations Law (Division 2 (commencing with Section
5000) of the Corporations Code of' the State of California) to undertake
programs and projects to promote public safety, economic development,
and environmental protection, including Without limitation forest resiliency,
wildfire risk reduction, air quality improvement, and waste diversion and
reuse.
C. Subicct to the applicable provisions of any indenture or resolution providing for the
investment of monies held thereunder, the Authority shall have die power to invest any of its funds
as die Board deems advisable, in die same manner and upon die same conditions as local agencies
pursuant to Section 53601 of the Government Code of the State of California.
F. All property, equipment, supplies, funds and records of the Authority shall be
owned by the Authority, except as may be provided otherwise herein or by resolution of the
Board.
g. Pursuant to the provisions of Scction 6508.1 of tic Act, die debts, liabilities and
obligations of die Authority shall not be debts, liabilities and obligations of the Members or
Associate Members. Any Bonds, together with any interest aihd premium thereon, shall not
constitute debts, liabilities or obligations of any Member. The Members or Associate Members
hereby agree that any such Bonds issued by the Authority shall not constitute general obligations of
the Audhority but shall be payable solely from die moneys pledged to die repayment of principal or
interest on such Bonds under die terms of die resolution, indenture, trust, agreement or other
instrument pursuant to which such Bonds arc issued. Neither the Members or Associate
Members Thor the Audhority shall be obligated to pay the principal of or premium, if any, or
interest on the Bonds, or other. costs. incidental thereto, except from tic revenues and funds
pledged dicrcfor, and neither the faith and credit nor die taxing power of tie Members or
Associate Members or die Authority shall be pledged to die payment of die principal of or
premium, if any, or interest on die Bonds, nor shall the Members or Associate Members of the
Authority be obligated in any manner to make any appropriation for such payment. No covenant
or agreement contained in any Bond shall be deemed to be a covenant or agreement of any
Delegate, or any officer, agent or employee of die Authority in an individual capacity, and neither
die Board nor any officer thereof executing the Bonds or any document related diereto shall be
liable personally on any Bond or be subject to achy personal liability or accountability by reason of
die issuance of any Bonds.
7. Governing Board
a. The Board shall consist of die number of Delegates equal to one representative
from each Member.
b. The governing body of each Member shall appoint one of its Supervisors to serve
as a Delegate on die Board. A Member's appointment of its Delegate shall be delivered in writing
(which may be by electronic mail) to the Authority and shall be efTective until the or she is replaced
by such governing body or no longer a Supervisor; any vacancy shall be filled by the governing
body of die Member in the same manner provided in Chis paragraph b..
C. The governing body of each Member of tic Board shall appoint a Supervisor as all
alternate to serve on the Board in the absence of the Delegate; die alternate may exercise all die
rights and privileges of the Delegate, including die right to be counted in constituting a quorum, to
participate in die proceedings of the Board, ahcl to vote upon any and all matters. No alternate
may have more than one vote at any meeting of the: Board, and any Member's designation of ail
alternate shall be delivered in writing (which may be by electronic mail) to the Authority and shall
be effective until such alternate is replaced by his or her governing body or is no longer a
Supervisor, unless otherwise specified in such appointment. Any vacancy shall be fillet] by die
governing body of the Member in the same manner provided in this paragraph c..
d. Any person who is not a member of the governing body of a Member alit] who
attends a meeting on behalf of such Member may not vote or be counted toward a quorum but
may, at die discretion of tie Chair, participate in open meetings he or she attends.
C. Each Associate Member may designate a non-voting representative to the Board
who may not be counted toward a quorum but who may attend open meetings, propose agenda
items and otherwise participate in Board Meetings.
F. Delegates shall not receive compensation for serving as Delegates but may claim
unci receive reimbursement for expenses actually incurred in connection with such service
pursuant to rules approved by die Board and subject to the availability of funds.
g. The Board shall have the power, by resolution, to the extent permitted by the Act
or any other applicable law, to exercise any powers of the Authority and to delegate any of its
functions to the Executive Committee or one or more: Delegates, officers or agents of die
Audnority, and to cause any authorized Delegate, officer or agent to take any actions and execute
any documents for and in die name and on behal£of the Board or die Audhority.
h. The Board may establish other committees as it deems necessary for any lawful
purpose; such committees are advisory only and may not act or purport to act on behalf of' the
Board or die Authority.
i. The Board shall develop, or cause to be developed, and review, modify as
necessary, and adopt each Program.
8. Meetings of the Board
a. The Board shall meet at least once annually but may meet more ficquently upon
call of any officer or as provided by resolution of tlhc Board.
b. Meetings of the Board shall be called, noticed, held and conducted pursuant to die
provisions of die Ralph M. Brown Act, Chapter 9 (commencing with Section 54950) of Part I of
Division 2 of Tide 5 of die Government Code of the State of California.
C. The Secretary of die Authority shall cause minutes of all meetings of die Board to
be taken and distributed to each Member as soon as possible after each meeting.
d. The lesser of twelve (12) Delegates or a majority of die number of' current
Delegates shall constitute a quorum for transacting business at any meeting of die Board, except
that less thaih a quorum may act to adjourn a meeting. Each Delegate shall have one vote.
C. Meetings may be held at any location designated in notice properly given for a
meeting and may be conducted by telephonic or similar means in any manner otherwise allowed
by law.
9. Officers; Duties; Official Bonds
a. The Board shall elect a chair and vice chair from among die Delegates at die
Board's annual meeting who shall serve a term of one (1) year or until their respective successor is
elected. The chair shall conduct the meetings of die Board and perform such odher duties as may
be specified by resolution of die Board. The vice chair shall perform such duties in die absence or
in die event of the unavailability of (lie chair.
b. The Board shall contract annually with RCRC to administer die Agreement and to
provide administrative services to die Authority, aid die President and Chief Executive 011icer of'
RCRC shall serve ex officio as Executive Director, Secretary, Treasurer, and Auditor of the
Authority. As chief executive of the Authority, the Executive Director is authorized to execute
contracts and other obligations of die Authority, and to adopt administrative, personnel,
accounting, mud similar internal . policies . fon- theoperation of the Audiority, . unless prior Board
approval is required by a third party, by law or by Board specification, and to perform other duties
specified by die Board. The Executive Director may appoint such other officers as may be
required for the orderly conduct of die Authority's business and affairs who shall serve at the
pleasure of die Executive Director. Subject to die applicable provisions of' any indenture or
resolution providing for a trustee or other fiscal agent, the Executive Director, as Treasurer, is
desigihated as the custodian of the Authority's funds, from vvIiatever source, and, as such, shall
have die powers, duties and responsibilities specified in Section 6505.5 of die Act. The Executive
Director, as Auditor, shall have the powers, duties and responsibilities specified In Section 6505.5
of the Act.
C. The Legislative Advocate for the Authority sliall be the Rural County
Representatives of California.
d. The Treasurer and Auditor are public officers who have charge of, handle, or have
access to all property of die Audiority, mien a bond for such officer in the amount of at least one
hundred thousand dollars ($100,000.00) shall be obtained at the expense'' of die Authority and
filed with die Executive Director. Such bond may secure the faithful performance of' such
officer's duties with respect to another public office if such bond in at least die same amount
specifically mentions the office of the Authority as required herein. The Treasurer and Auditor
shall cause periodic independent audits to be shade of tic Authority's books by it certified public
accountant, or public accountant, in compliance with Section 6505 of die Act.
C. The business of die Authority shall be conducted under (lie supervision of die
Exccutivc Director by RCRC personnel.
10. Executive Committee of the Authority
a. Composition
The Authority shall appoint no fewer than dine (9) and no more than eleven (11)
members of its Board to serve on an Executive Committee. The Chair and Vice Chair of the
Authority shall serve on the Executive Committee.
b. Powers and Limitations
The Executive Committee shall act in an advisory capacity and make
recommendations to the Authority Board. Duties will include, but not be limited to, review of die
quarterly and annual budgets, service as the Audit Committee for the Authority, periodically
review this Agreement; and complete any other tasks as may be assigned by the Board. The
Executive Committee shall be subject to all limitations imposed by this Agreement, ober
applicable law, and resolutions of the Board.
C. Quorum
A majority of the Executive Committee shall constitute a quorum for transacting
business of the Executive Committee.
11. Disposition of Assets
Upon termination of this Agreement, all remaining assets and liabilities of die Authority
shall be distributed to the respective Members in such manner as shall be determined by the
Board and in accordance with die law.
12. Agreement Not Exclusive
This Agreement shall not be exclusive, and each Member expressly reserves iL9 rights to
carry out other improvements, programs, mid prgjccts as provided for by law and to issue other
obligations for those purposes. This Agreement shall not be deemed to amend or alter the terms
of other agreements among die Members or Associate Members.
13. Conflict of Interest Code
The Authority shall by resolution adopt a Conflict of Interest Code as required by law.
14. Contributions and Advances
Contributions or advances of public funds and of personnel, equipment or property may
be made to the Authority by any Member, Associate Member or any other public agency to
further the purpose of dais Agreement. Payment of public: funds may be made to defray the cost of
any contribution. Any advance may be made subject to repayment, and in that case shall be repaid
in the mariner agreed upon by the advancing Member, Associate Member or other public agency
and the Authority at the time of making the advance.
15. Fiscal Year; Accounts; Reports; Annual Budget; Administrative Expenses
a. The fiscal year of the Authority shall be the period from January I of each year to
and including the following December 31, except for ally partial fiscal year resulting from a change
in accounting based on a different fiscal year previously.
b. Prior to flue beginning of' each fiscal year, the Board shall adopt a budget for the
succeeding fiscal year.
C. The Authority shall establish and maintain such funis and accounts as may be
required by generally accepted accounting principles. The books aid records of die Authority are
public records and shall be open to inspection at all reasonable times by each Member and its
representatives.
d. The Auditor shall either make, or contract with a certified public accountant or
public accountant to make, an annual audit of the accounts and records of the Authority. The
minimum requirements of the audit shall be those prescribed by the State Controller for special
districts under Section 26909 of' the Government Code of the State of California and shall
conform to generally accepted auditing standards. When an audit of accounts and records is made
by a certified public accountant or public accountant, a report diercol' sliall be filed as a public
record witty each Member (and also with the auditor of' Sacramento County as the county in which
the Audiority's office is located) within 12 nlonflis after lire end of tire fiscal year.
C. In ally year in which the annual budget of' the Authority sloes not. exceed five
thousand dollars (,$5,000.00), die Board may, upon unanimous approval of die Board, replace the
annual audit with an ensllmg one-year period, but in no event for a period longer than two fiscal
years.
16. Duties of Members or Associate Members; Breach
If any Member or Associate Member shall default in performing any covenant contained
herein, such default shall not excuse that Member or Associate Member from fulfilling its other
obligations hereunder, and such defaulting Member or Associate Member shall remain liable for
the performance of all coveuant~s hereof. Each Member or Associate Member hereby declares
drat this Agreement is entered into for the benefit of die Authority created hereby, and each
Member or Associate Member hereby grants to the Authority the right to enforce, by whatever
lawful means the Authority deems appropriate, all of the obligations of each of the parties
hereunder. Each and all of the remedies given to die Authority hereunder or by any law now or
hereafter enacted are cumulative, and the exercise of' one right or remedy shall not impair the right
of the Authority to any or all other remedies.
17. Indemnification
To the full extent permitted by law, the Board may authorize indemnification by the
Authority of any person who is or was a Board Delegate, alternate, officer, consultant, employee or
other agent of the Authority, and who was or is a party or is threatened to be made a party to a
proceeding by reason of die face that such person is or was such a Delegate, alternate, officer,
consultant, employee or other agent of the Authority. Such indemnification may be made against
expenses, judgments, lines, settlements and other amounts actually and reasonably incurred in
connection widh such proceeding, if such person acted in good faith and in a manner such person
reasonably believed to be in die best interests of the Authority incl, in the case of a criminal
proceeding, had no reasonable cause to believe this or her conduct was unlawful and, in the case of'
an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as
an ordinarily prudent person in a like position would use under similar circumstances.
18. Immunities
All of the privileges and immunities from liabilities, exemptions from law, ordinances and
rules, all pension, relief, disability, workers' compensation and other benefits which apply to the
activity of officers, agents or employees of any of die Members or Associate Members when
performing their respective functions, shall apply to them to the same degree and extent while
engaged as Delegates or otherwise as mh officer, agent or other representative of the Authority or
while engaged in die performance of any of their functions or dudes under die provisions of this
Agreement.
19. Amendment
This Agreement may be amended by the adoption of the amendment by the governing
bodies of a majority of the Members. The amendment shall become effective on the first day of
die month following the last required member agency approval. An amendment may be initiated
by die Board, upon approval by a majority of the Board. Any proposed amendment, including the
text of die proposed change, shall be given by the Board to each Member's Delegate for
presentation and action by each Members board within 60 clays, which time may be extended by
die Board.
The list of Members, Attachment 1, may be updated to reflect new and/or withdrawn
Members widiout requiring formal amendment of die Agreement by die Authority Board of
Directors.
20. Withdrawal of Member or Associate Member
If a Member withdraws as member of RCRC, its membership in the Authority shall
automatically terminate. A Member or Associate Member may withdraw from dhis Agreement
upon written notice to die Board; provided however, that no such withdrawal shall result in die
dissolution of die Authority as long as any Bonds or other obligations of the Authority remain
outstanding. Any such withdrawal shall become effective thirty (30) clays after a resolution adopted
by tine Members governing body which authorizes withdrawal is received by the Authority.
Notwithstanding the foregoing, any termination of membership or withdrawal from die Authority
shall not operate to relieve any terminated or withdrawing Member or Associate Member from
Obligations incurred by such terminated or withdrawing Member or Associate Member prior to
the time of its termination or withdrawal.
21. Miscellaneous
a. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be all original and all of'which shall constitute but one and tie same instrument.
b. Construction. The section headings herein are for convenience only and are not to
be construed as modifying or governing die language in the section referred to.
C. Approvals. Wherever in this Agreement any consent or approval is required, die
same shall not be unreasonably withlield.
d. Jurisdiction; Venue. This Agreement is made in the State of California, under the
Constitution and laws of such State. and. is to be so construed; any action to enforce or interpret its
terms shall be brought in Sacrainento County, California.
C. Integration. This Agreement is the complete and exclusive statement of die
agreement among the parties hereto, and it supersedes and merges all prior proposals,
understandings, an(] other agreements, whether oral, written, or implied in conduct, between and
among the par(iCs relathng to Adie subject matter of this Agreement.
f. Successors; Assignment This Agreement shall be binding upon and shall inure to
die benefit of the successors of flit parties hereto. Except to the extent expressly provided lhercin,
no Member may assign any right or obligation hereunder without die consent of die Board.
g. Severability. Should aiiy part, term or provision of this Agreement be decided by
the courts to be illegal or in conflict with any law of die State of California, or otherwise be
rendered unenforceable or ineffectual, die validity of die remaining parts, terms or provisions
hercol' shall not be affected thereby.
Tile parties hereto have caused this Agreement to be executed and attested by their properly
authorized officers.
AS ADOP-17ED BY THE MEMBERS:
Originally dated July 1, 1993
Amended and restated December 10, 1998
Amended and restated February 18, 1999
Amended and restated September 18, 2002
Amended and restated,January 28, 2004
Amended and restated December 10, 2014
Amended acid restated May 5, 2015
Amended acid restated August 14., 2019
[SIGNATURLS ONFOLLOWNG PAGFq
COUNTY OF ALPINE
By:,
Name:
'rifle:
Attest:
By
Clerk of the Board of Supcn isors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Dated:
COUNTYOF AMADOR
By:_
Name:
'Title:
Attest:
By:
Cleric of the Board of Supervisors
[PLEASE SEND TO:
Golden State finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Datcd:
COUNTY OF BL=
By:_
Name:
Wille:
Attest:
By:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden Statc Finance Authority
1215 K Street, Suite 1650
Sacramento, CA .9.58141
COUNTY OF CALAVERAS
By:_
Name:
Title:
Attest:
Clerk of the Board of Supervisors
IPLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF COLUSA
By: Dated:
Name:
'rifle:
Attest:
Clerk of the Board o£ Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacmnento, CA 958141
COUNTY OF DEL NORTE
By: Dated:
Name:
Tide:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF EL DORADO
By: Dated:
Name:
'ride:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1 650
Sacramento, CA 958141,
COUNTY OF GLENN
By: Dated:
Name:
Wide:
Attest:
Clerk of the Board of Supervisors
WLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF HUMBOLDT
By:_
Name:
Tide:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden Slate Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Dated:
COUNTY OF IMPERIAL
I3y: Dated:
Name:
Title:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF INYO
By:
Name:
'i isle.
Attest:
Cleric of the Board of Supenisors
WLEASE SEND TO:
Golden State: Finwice Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF LAKE
By: Datcd:
Name:
Tide:
Attest:
Clerk of lie Board of Supenisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF LASSEN
By:_
Name:
Tide:
Attest:
Clerk ol' tlic board of* Supen isors
WLEA.SE SEND TO:
Golden State Finance Authority
1215 K Street, Suitc 1650
Sacramento, CA 958141
16161F ���I►� i �l
By:_
Name:
'ride:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Datcd:
COUNTY OF MARIEPOSA
By:_
Name:
Title:
Attest:
Clerk of Clic Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Strcct, Suite 1650
Sacramento, CA 958141
D
COUN'T'Y OF MENDOCINO
By: -
Name:
Title:
Attest♦
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Strcct Suite 1650
Sacramento, CA 958141
Dated:
Uj"t
By:_
Name:
Title:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden Stale finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Dated:
• N LVO-b-IreTaN•I•
By: Dated:
Name:
Title:
Attest:
Clerk of tlic Board of Supen isors
LEASE SEND TO:
Golden State Pinance Authority
1215 K Strcct, Suite 1650
Sacramento, CA 958141
By:_
Name:
"Lille:
Allcst:
Clerk of the Board of Supervisors
(PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 95814]
Dated:
COUNTY OF NAPA
By: Datcd:
Name:
Tide.
Attest:
Clerk of die Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958111
COUNTY OF NEVADA
By:_
Name:
Title:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Dated:
COUNTY OF PLACER
By: Dated:
Name:
Title:
Attest:
Clerk of the Board of Supervisors
(PLEASE SEND TO:
Golden State liinwic..e Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF PLUMAS
By:_
Name:
"Title:
Attest:
Cleric of the Board of Supervisors
[PLEASE SEND TO:
Golden State Financc Authority
1215 K Street, Suite 1650
Sacrmnento, CA 958141
Datcd:
COUNTY OF SAN BENITO
By:^
Name:
Title:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
(;olden State Finance Authority
1215 K Strcct, Suite 1650
Sacramento, CA 958141
Datcd:
COUNTY OF SAN LUIS OBISPO
By:—
Name:
'Lille:
Attest:
Clerk of die Board of Supervisors
LEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Dated:
COUNTY OF SHASTA
By:,_„
Name:
"Mlle:
Attest:
Cleric of the Board of Supen isors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suilc 1654
Sacramento, CA 958141
Dated:
COUNTY OF SEERRA.
By:_
Name:
Title:
Attest:
Clerk of the Board of'Supervisors
WLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
Dated:
COUNTY OF SISKIYOU
By:_
Namc:
Title:
Attcst:
Clerk of Ehc Board of"Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958111
Dated:
COUNTY OF SUVFER
By:_
Name:
Title:
Attest:
Clerk of the Board of Supervisors
PLEASE SEND TO:
Golden State hiziance Authority
1215 K Street, Suite 1650
Sacranicuto, CA 958141
Dated:
COUNTY OF TEHAMA
By: Dated:
Name:
Tide:
Attest:
Clerk of die Board of Supervisors
[PLEASE SEND TO:
Golden State Finance Authority
1215 K Strcct, Suite 1650
Sacramento, CA 958141
COUNTY OF TRUNM
By:_
Name:
Tide:
Attest:
Clerk of the Board of Supen4sors
[PLEASE SEND TO:
Golden State Financc Authority
1215 K Street, Suite 1650
Sacrm-nento, CA 958141
COUNTY OF TULARE
By: Dated•
Namc:
Title:
.attest:
Clerk of the Board of Supervisors
(PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
COUNTY OF TUOLUMM
By: Datcd:
Name:
"Title:
Attest:
Clerk of the Board of Supervisors
[PLEASE SEND TO:
Goldcn State Finance Authority
1215 K Street, Suitc 1650
Sacramento, CA 9.58141
COUNTY OF YOLO
By:
Name:
Title:
Attest:
Cleric of die Board of Supervisors
[PLEASE SEND TO:
Golden State finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
WCO) wlW:�:�
By:_
Name:
"Title:
Attest:
Clerk of die Board of Supervisors
]PLEASE SEND TO:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 958141
ATTACHMENT 1
GOLDEN STATE FINANCE AUTHORITY MEMBERS
As of TanuM 16, 2019
Alpine County
Amador County
Butte County
Calaveras County
Colusa County
Del Norte County
El Dorado County
Glenn County
Humboldt County
Imperial County
Inyo County
I.ake County
Lassen County
Madera County
Mariposa County
Mendocino County
Merced County
Modoc County
Mono County
Napa County
Nevada County
Placer County
Plumas County
San Benito County
San Luis Obispo
Shasta County
Sierra County
Siskiyou County
Sutter County
Tehama County
Trinity County
Tulare County
Tuolumne County
Yolo County
Yuba County