Resolution - 2017-117RESOLUTION NO. 2017-117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA APPROVING AND ADOPTING THE FOURTH AMENDED
AND RESTATED JOINT POWERS AGREEMENT OF THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
AS ADOPTED BY THE COUNCIL'S GOVERNING BOARD
WHEREAS, the San Gabriel Valley Council of Governments (the "Council") is a
Joint Powers Authority, which was established pursuant to Chapter 5 of Division 7,
Title 1 of the Government Code of the State of California (sections 6500, et seq.);
WHEREAS, the City of West Covina is one of the member agencies of the
Council;
WHEREAS, the Council is currently governed by the Third Amended and
Restated Joint Exercise of Powers Agreement, effective March 12, 2007, which was
entered into, and modified from time to time, by its public entity members (the
"Agreement");
WHEREAS, the City Council desires to approve modifications to the Agreement,
as adopted by the Council of Government's Governing Board, in order to revise the
structure of the Council and extend the role of the Council in developing and constructing
projects in the San Gabriel Valley, and to restructure and integrate the Alameda Corridor
East Construction Authority ("ACE Construction Authority"), as well as to clarify
member tort liability and indemnification obligations of member agencies under the
Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
West Covina as follows:
SECTION 1. The City Council adopts, ratifies, and approves the modifications to the
Agreement, namely the Fourth Amended and Restated Joint Exercise of Powers
Agreement, approved by the Governing Board of the Council on October 19, 2017,
relating to the extension of the Council of Government's role in developing and
constructing projects throughout the San Gabriel Valley, to establish the Capital Projects
and Construction Committee, and to clarify the agreement regarding tort liability and
indemnification of member agencies, which Amendment is attached hereto and
incorporated herein by reference;
SECTION 2. The City Council expressly states its intent that the City not be responsible
for the debts, liabilities and obligations of the Council to the maximum extent permitted
by law, and that each member agency shall indemnify other member agencies to the
extent of any agency liability, as specified in the revisions adopted and ratified hereby.
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SECTION 3. That this resolution shall become effective immediately upon passage and
adoption.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution. The City
Clerk of the City of West Covina is directed to send a certified copy of this resolution to
the Secretary of the San Gabriel Valley Council of Governments upon,doption.
PASSED, APPROVED, AND ADOPTED this 5 11' day of trecblr 2017.
APPROVED AS TO FORM
• Kiinberly Hill Barlow
City Attorney
ATTEST
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 on the 5 th day
of December, 2017, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Johnson, Toma, Warshaw, Wu, Spence
None
None
None
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