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Chino Basin Desalter Authority A2001-90 A5 AMENDMENT NO. 5 to JOINT EXERCISE OF POWERS AGREEMENT creating the CHINO BASIN DESALTER AUTHORITY WHEREAS, a Joint Exercise of Powers Agreement ("Original Agreement") creating the Chino Basin Desalter Authority ("CDA") was made and entered into as of the 25th day of September, 2001 by and among the Jurupa Community Services District ("JCSD"), the Santa Ana River Water Company ("SARWC"), the cities of Chino ("Chino"), Chino Hills ("Chino Hills"),Norco ("Norco") and Ontario ("Ontario") and the Inland Empire Utilities Agency ("IEUA") (collectively, the "Original Members" and individually, an "Original Member"); and WHEREAS, Amendment No. 1 to the Original Agreement ("Amendment No. 1")was entered into by the Original Members as of December 11, 2001; and WHEREAS, Amendment No. 2 to the Original Agreement ("Amendment No. 2"), dated as of October 30, 2008, was entered into by the Original Members and Western Municipal Water District, a California water district ("WMWD"; the Original Members and WMWD are collectively referred to herein as the "Members"); and WHEREAS, the Members entered into Amendment No. 3 to the Original Agreement("Amendment No. 3"), dated as of February 18, 2010; and WHEREAS, the Members entered into Amendment No. 4 to the Original Agreement ("Amendment No. 4"), dated as of July 12, 2012; and WHEREAS, the Original Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3 and Amendment No. 4, is referred to herein as the "Agreement"; and WHEREAS, the Members now desire to enter into this Amendment No. 5 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority ("Amendment No. 5") to authorize CDA to hire and retain a Treasurer and Auditor, as more particularly described below. NOW THEREFORE, the Members hereto agree that the Agreement shall be amended as follows: 1. Section 2.11 of the Agreement is hereby amended, restated and superseded by the following: Officers. There shall be selected from the membership of the Board, a Chairperson and a Vice-Chairperson. The Board shall appoint a Secretary, who may be a Director. The Board shall also appoint a Treasurer. -1- (a) Treasurer. The Treasurer shall be the depositary and have custody of all money of the CDA from whatever source, and shall draw all warrants and pay demands against the CDA as approved by the Board. If directed by the Board, the Treasurer may function as the combined offices of Treasurer and Auditor pursuant to Government Code Section 6505.6. (b) Additional Officers. The Board shall have the power to appoint such additional officers as it deems necessary. (c) Terms. The Chairperson, Vice-Chairperson, and Secretary shall hold office for a period of one year commencing January 1st of each fiscal year; provided, however, the first Chairperson, Vice-Chairperson and Secretary appointed shall hold office from the date of appointment to December 31st of the ensuing fiscal year. (d) Oualifications. Any officer, employee or agent of the Board also may be an officer, employee or agent of any of the Members. The public officer or officers or person who have charge of; handle, or have any access to any money or property of the CDA shall be bonded, and the amount of their bond shall be designated and fixed in the budget for each fiscal year pursuant to Government Code § 6505.1. [The Treasurer may be changed only by a Super- Majority Vote.] (e) Privileges, Liability and Immunity. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workmen's compensation and other benefits which apply to the activities of officers, agents, or employees of any of the Members when performing their respective functions shall apply to the same degree and extent while such individuals are engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents or employees appointed by the Board shall be deemed by reason of their employment by the Board to be employed by any of the Members or subject to any of the requirements of such Members. 2. Initially capitalized terms used herein without definition shall have the meanings ascribed to them in the Agreement. 3. Except as expressly set forth in herein, nothing in this Amendment No. 5 shall constitute an amendment to any other provision of the Agreement. -2- IN WITNESS WHEREOF, the Members have executed this Amendment No. 5 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority as of the dates set forth below. { -3- INLAND EMPIRE UTILITIES AGENCY DATED: ‘24 }q I2 V BY: 1 PRESIDENT DATED: 12-/ 19/12- ATTESTED: SEC.4 T Y i Aiii, , PPRO D AS /I SANTA ANA RIVER WATER COMPANY f DATED: .5 : 'J3 BY: < 410 RESIDENT DA ED /// ATTESTED: SRC AR APPRO 7 l CITY OF ONTARIO DATED: /7- - 0.--7-0(0-- BY: CI MANAGER DATED: 1 v MOO O ATTESTED: Ae444, ,d I; CLERK IF - ' A"RO '1 ASTOF� ' JURUPA COMMUNITY SERVICES DISTRICT / DATED: 11/26/12 BY: , wa . P' IDE 0 DATED: 11/26/12 ATTESTED: CSECRETARY lit-eit:Itei 77644 APPROVED AS TO FORM 1 CITY OF CHINO 1'�j�� DATED: BY: i %!� aOR. DATED: ATTESTED: ` s- , CL LERK dro APPRO ri irr CITY OF NORCO DATED: December 5, 2012 BY: L+ ` C !11)1AY ( _ Karhy,A_zevedo DATED: December 5, 2012 ATTESTED: thh 41.11VII :y �LERK : enda K. Jacobs, CMC APPROVED AS • 0 ' ' John Harper, C Attorney CITY OF CHINO HILLS DATED: 1 /8/2013 BY: •rte' \A / MAS OR Peter J Ro.-rs DATED: 1 /8/2013 ATTESTED: in /72777 / _af4d,• ITY CLERK Mar M. McDi.ffee /11 APPROVED AS TO FORM Mark D. Hensley City Attorney WESTERN MUNICIPAL WATER DISTRICT DATED: BY: uC/ SIDENT DATED: ATTESTED: + S` rartkY 0,04,12gel APPROVED ASO FORM ecia! eoUlse1 ±0 \iIMMw 0 STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) I, Robert Craig , Secretary of the Board of Directors of the Chino Basin Desalter Authority, do hereby certify that the above and foregoing is a full, true and correct copy of Amendment No. 5 to Joint Exercise of Powers Agreement creating the Chino Basin Desalter Authority dated May 14, 2013 Dated: July 10, 2013 (SEAL) Secre a b f t - :o. - r Directors