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Resolution - 8809RESOLUTION NO. 8809 . RESOLUTION OF THE CITY OF WEST COVINA AUTHORIZING AND REQUESTING THE INVESTMENT OF EXCESS FUNDS IN THE LOS ANGELES COUNTY TREASURY POOL. • WHEREAS, California Government Code Section 53684 allows local agencies in the County of Los Angeles (the "County") to deposit excess funds in the Los Angeles County Treasury Pool for the purpose of investment by the Treasurer and Tax Collector of the County (the "Treasurer") pursuant to Government Code Sections 53601 and 53635; and WHEREAS, the City of West Covina is a local agency as that term is defined in Government Code Section 53600; and WHEREAS, the Board of Supervisors of the County has made the Government code Section 53684 operative in the County; and WHEREAS, the City Controller and Finance Officer have determined that the City of West Covina has excess funds which are not required for immediate use; and WHEREAS, this Council has determined that it would be desirable to deposit the excess funds in the County Treasury*Pool for the purpose of investment pursuant to Government Code Sections 53601 and 53635. NOW, THEREFORE, IT IS RESOLVED as follows: 1. The Finance Officer is hereby authorized and directed to deposit in the County Treasury Pool those funds he deems to be excess and not required for immediate use,, for the purpose of investment pursuant to Government Code Section 53601 and 53605, and subject to the terms and conditions set forth in Government Code Section 53684, and in accordance with the Resolution of the Board of Supervisors of the County of Los Angeles Authorizing the County Treasurer and Tax Collector to Invest Excess Funds of Local Agencies adopted by the Board of Supervisors of the County on February 24, 1987 and any and all other applicable County regulations and policies. 2. The City hereby agrees to inform the Treasurer if and to the extent any of the City's funds deposited in the County Treasury Pool pursuant to this Resolution are proceeds of the issuance of bonds, certificates of participation, notes or other evidences of indebtedness ("Bond Proceeds"). If the Bond Proceeds are restricted by a certificate of the City relating to compliance with federal tax requirement ("Nonarbitrage Certificate"), the City agrees to provide the Nonarbitrage Certificate to the Treasurer so that the Treasurer can provide the market value of the Bond Proceeds as of the rebate calculation dates as provided in the Nonarbitrage Certificate. Notwithstanding the foregoing, the County takes no responsibility and the City is solely responsible for compliance with the terms and conditions of the Nonarbitrage Certificates and of any federal tax requirements that may apply to the Bond issuance. The City will review bond documents to determine if funds can be deposited into the County Treasury Pool. 3. The City hereby agrees to indemnify and hold harmless the County and all of its officers, employees and agents and each of them, from and against any and .all loss, liability, expense and claims for damages of any nature whatsoever resulting from or arising out of any misrepresentations or false information provided by the City or any of its officers, employees or agents; or resulting from or arising out of any investments of only the City's funds made or authorized by the Treasurer in accordance with Government Code Section 53601 or Government Code Section 53635; or resulting from or arising out of the performance by the Treasurer or its officers, employees or agents of their duties with respect to only the City required by Government Code Section 53684 or by this Resolution, and except as set out in paragraph 5 herein. 4. That County may not by law and will not offset against these funds. 5. That County will hold harmless, protect, defend, indemnify City, its officers, agents and employees and each of them from and • against any and all loss, liability, expense, claims or damages of any nature whatsoever resulting or arising or alleged to arise from intentional misuse of funds, or grossly negligent failure to comply with statutory investment requirements, or County investment policies applicable to the pool. The foregoing Resolution was this 7th day of April, 1992, adopted by the Council of the City of West Covina. Agreed and accepted this date of , 1992. TreasurW and Tax Collector of the County of Los Angeles I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 7th day of April, 1992, by the following vote of the Council, to wit: AYES: Councilmembers: Jennings, Herfert, Manners, McFadden NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerrl APPROVED AS TO FORM: City Attorney LACTP.RES