Resolution - 8297•
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RESOLUTION NO.8297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA APPROVING AN AGREEMENT RELATIVE TO
TERMINATION OF THE JOINT EXERCISE OF POWERS
AGREEMENT, SAN GABRIEL VALLEY FIRE AUTHORITY
WHEREAS, THE Joint Exercise of Powers Agreement, San Gabriel
Valley Fire Authority hads been amended to allow for termination of
the Agreement by mutual consent of the City Councils of the Member
Agencies; and
WHEREAS, the Cities of Covina and West Covina, as Member
Agencies, have mutually agreed to terminate the Agreement and dissolve
the Authority as of February 1, 1989; and
WHEREAS, certain administrative tasks that must be completed
and certain legal requirements that must be satisfied for an orderly
transition of fire services back to the Cities of Covina and West
Covina necessitate a further agreement between the respective Cities.
NOW, THEREFORE, the City Council of the City of West Covina
does resolve as follows:
Section 1. The "Agreement Relative to Termination of the
Joint Exercise of Powers Agreement, San Gabriel Valley Fire Authority",
attached hereto as Exhibit "A" and made a part hereof by this reference,
is hereby approved and the Mayor is hereby authorized to execute the
Agreement on behalf of the City.
Section 2. The Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Resolution
1989. PASSED AND ADOPTED this 20th day of January ,
ATTEST:
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city Clerk, City of W t Covina
CITY OF WEST COVINA
*MAYOR
I HEREBY CERTIFY the foregoing resolution was duly adopted
by the City Council of
the City of
West Covina, California, at the
regular meeting thereof
held on the
30th day of January
1989, by
the following
vote of the
Council:
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AYES:
Councilmember:
McFadden,
Lewis, Bacon, Manners
NOES:
Councilmember:
None
ABSENT:
Councilmember:
Tarozzi
ABSTAIN:
Councilmember:
None
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City Clerk
APPROVED
AS TO FORM:
City —Attorney, City of West Covina
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AGREEMENT RELATIVE TO TERMINATION OF THE
JOINT EXERCISE OF POWERS AGREEMENT, SAN
GABRIEL VALLEY FIRE AUTHORITY.
. This Agreement Relative to Termination of the Joint Exercise of
Powers Agreement, San Gabriel Valley Fire Authority (the "Agreement") is
• entered into this 30th day of January , 1989 by and between the City
of Covina ("Covina") and the City of West Covina ("West Covina"), member
agencies of the Authority (the "Member Agencies").
WITNESS
WHEREAS, the Cities of Covina.and West Covina have recognized that
certain administrative. tasks must be completed and certain legal
requirements must be satisfied for an orderly transition of fire services
back to the respective Cities as of February 1, 1989.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PROMISES AND THE
MUTUAL ADVANTAGES TO BE DERIVED THEREFROM, IT IS AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
Section 1. The costs and administration of each Workers'
Compensation claim, whether open or closed, that have been brought or may be
brought against the Authority will be assumed by the respective City from
which the position held by the claimant was transitioned to the
Authority. The City Council of each shall execute or authorize the
execution of all documents necessary to accomplish the purpose of this
section.
Section 2. The costs of any general liability claim or action
naming the Authority will be prorated with Covina paying thirty-six percent
(36%) and West Covina paying sixty-four percent (64%). Costs shall include
all administrative expenses, litigation costs and expenses and attorney's
fees in addition to any monetary settlement or award. The City within whose
territorial jurisdiction the injury allegedly arose shall administer the
claim or action in consultation with the other City.
Section 3. All fire protection facilities, equipment, resources
and property, including related records and accounts. acquired in the name
of the Authority, except motor vehicles, shall be distributed to the Cities
on the basis of valuation at the time of acquisition, with Covina receiving
thirty-six percent (36%) and West Covina receiving sixty-four percent
(60): This distribution shall be administered in accordance with an
inventory to be developed by the City Managers of the two Cities. All fire
protection facilities, equipment, resources and property, including related
records and accounts, transferred to the Authority by Covina and West Covina
isshall be distributed to the City that made the transfer. This distribution
shall be administered in accordance with the inventory previously developed
by the Management Committee of the Authority.
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Section 4.. All monetary assets of the Authority shall be
transferred to an interest -bearing cash deposit accounting account
established by Covina. Upon approval of the City Managers of the two
Cities, funds shall be disbursed from this account for expenditures incurred
by the Authority prior to dissolution. The disbursements shall be listed'on
the warrant registers that are regularly submitted to the City Council of
Covina.
Section 5. Until such time as Covina assumes dispatching service
for fire and emergency medical services within its jurisdictional territory,
West Covina shall provide dispatching service to Covina. Covina shall pay
on a monthly basis to West Covina the sum of four thousand two hundred
($4,200.00) dollars for each month that such service is provided by West
Covina. In the event Covina assumes dispatching service prior to the end of
a month, the service charge shall be prorated at the rate of one hundred
fifty ($150.00) per day. Payment shall be made within fifteen days after
the close of each month.
Section 6. This Agreement shall take effect on February 1, 1989
and shall remain in effect until fully executed.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be duly signed and attested by their proper officers thereupon duly
authorized and duly official seals hereto affixed on the date first above
written.
ATTEST:
City Clerk, City of Covina
APPROVED AS TO FORM:
City Attorney, City of Covina
• ATTEST:
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City Clerk, City of Wes Covina
APPROVED AS TO FORM:
�,Q�i�,Cl.U2�/L.b4 • �laiula; Q,oat.
City Attorney, City of West Covina
FIREDIS3/TXTME
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Mayor, i of West Covina