CC - 2017-67 - Approving Amendments to the San Gabriel Valley Council of Governments Joint Powers AgreementRESOLUTION NO. 2017-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
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
Poweis 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 Rosemead 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, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES
HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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.
SECTION 3. This Resolution shall take effect immediately upon its adoption. The City
Clerk of the City of Rosemead is directed to send a certified copy of this resolution to the Secretary
of the San Gabriel Valley Council of Governments upon adoption.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter the
same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 12' day of December, 2017.
APP OVED AS TO ORM:
Rachel Richman, City Attorney
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Polly LqW, Mayor
ATTEST:
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Marc Donohue, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §
CITY OF ROSEMEAD )
I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby
certify that the foregoing City Council Resolution, No. 2017- 67, was duly adopted by the City
Council of the City of Rosemead, California, at a regular meeting thereof held on the 12`h day of
December, 2017, by the following vote, to wit:
AYES: ARMENTA, CLARK, LOW, LY
NOES: NONE
ABSENT: ALARCON
ABSTAIN: NONE
Marc Donohue, City Clerk