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HomeMy WebLinkAbout7193 RESOLUTION NO. 7193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AMENDMENTS TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT 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.); and WHEREAS, the City of Arcadia is one of the member agencies of the Council; and 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"); and 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, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1 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. SECTION 3. This Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Arcadia is directed to send a certified copy of this resolution to the Secretary of the San Gabriel Valley Council of Governments upon adoption. [SIGNATURES ON THE NEXT PAGE] 2 Passed, approved, and adopted this 5th day of December , 2017. 1Mayor of the City of Arcadia ATTEST: ..4/ 7/ - _ ity Clerk T APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7193 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of December, 2017 and that said Resolution was adopted by the following vote, to wit: AYES: Beck, Chandler, Verlato, Tay, and Amundson NOES: None ABSENT: None i City Clerk of th9/City of Arcadia 4