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HomeMy WebLinkAboutRES NO 75-88RESOLUTION NO. 75-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING, WITH CONDITIONS, AMENDMENT TO JOINT POWERS AGREEMENT FOR THE KERN COUNTY COUNCIL OF GOVERNMENTS. WHEREAS, the Kern County Council of Governments ("Kern COG") has requested that the City Council approve an Amendment to the Joint Powers Agreement for the Kern County Council of Govern- ments (the "Amendment") without modification, the Amendment having heretofore been approved by all other cities in Kern County; and WHEREAS, the City Council has specifically identified concerns relating to Section 2 of the Amendment, amending Paragraph 7 b. of the Joint Powers Agreement, relating to Financing, which concerns are hereinbelow expressed as conditions of City Council approval of the Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield as follows: The Amendment is hereby approved and the Mayor is author- ized to execute the Amendment on behalf of the City, subject to the following conditions of approvals: 1. City of Bakersfield's obligation to provide financ- ing for Kern COG shall not exceed $6,500.00 per year. 2. A copy of this Resolution shall be attached to original of the Amendment executed on behalf of the City of Bakersfield. each .......... 000 .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on May 18, 1988 , by the following vote: AYES: COUNCILMEMBERS: CtilLOS. DeMOND, NOES COUNC~LMErCBE~S Peterson, McDermott ~s[ N~ COUNCH M~M~rr~ None ABSTAINING: COUNCILM[MBERS l~one CZ~¥ C~R~ an~ ~x Officio Cler~ of the Council o~ the C~tg of Ba~ersf~el~ APPROVED May 18, 1988 MAYOR of the (.ity of B'aker~field APPROVED as to form: A TORN f ?,c,ty AJS/meg Attachment R RES 5 KERNCOG1 5/2/88 - 2 - AMENDMENT NO 1 TO JOINT POWERS AGREEMENT FOR THE KERN COUNTY COUNCIL OF GOYERNMENTS THIS AMENDMENT of the Joint Powers Agreement made and entered into this -- day of , 1987, by and between the County of Kern, a political subdivision of the State of California, and the Cities of Arvin, Bakersfield, California City, Delano, Maricopa, McFarland, Ridgecrest, Shafter, Taft, Tehachapi and Wasco all being municipal corporations of the State of California; WHEREAS, The parties hereto have previously entered into a Joint Powers Agreement, dated May 1, 1981, creating and defining the powers of the joint powers agency known as the Kern County Council of Governments: and WHEREAS, The parties to said Joint Powers Agreement desire to amend said Agreement, as follows: NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The name is changed to the Kern Council of Governments (Kern COG). 2. Section 7(b) of the Joint Powers Agreement, dated May 1, 1981, is hereby changed to and it is agreed as follows: 7. Financing b) Annual Financial Support: The annual operating costs of the Council, which are not reimburseable from state and federal grant funds, shall be allocated proportionally among the members of the Kern Council of Governments on the basis of population; such allocation to be computed as the percentage that the population of each city and the county bears to the total population of all incorporated and unincorporated areas. Kern COG shall annually compute each member's share of the non-reimburseable cost and notify each member by March 1 of each year of the amount estimated for the ensuing fiscal year. The population ratios shall be based on the latest annual certified census from the California State Department of Finance. The population ratios shall determine the share of the costs of the Council to be borne by each party. Any party to this Agreement, in the exercise of the reasonable discretion of its governing body, may provide support for the Council, its staff and its professional consultants; services provided may include quarters, janitorial services and maintenance, supplies, printing and duplication, postage, telephone and technical assistance, as may be reasonable necessary to enable Kern COG to perform its purpose. AMENDMENT NO. 1 PAGE 2 of 3 KERN COG shall apply for available state or federal supports funds, and shall make new and additional application from time to time as appropriate. The Council may also establish and collect filing and processing fees in connection with matters to be considered by it. Said support funds and fees, when allowable under grant requirements, may be used by Kern COG for the purpose of meeting its ordinary and reasonable expenses in the performance of its functions, including but not limited to, the employment and support of personnel, consultants and specialists by the Council. 3. Except as modified by the changes and additions set forth herein, the rights and obligations of the parties shall be determined and performed in accordance with the Agreement between the perties dated May 1, 1981. IN WITNESS WHEREOF, the parties to the Joint Powers Agreement for the Kern Council of Governments, pursuant to resolutions of their respective governing boards, have caused this Amendment to be executed as of the day and year first above written. CITY OF ARVIN ATTEST: City Clerk MAYOR CITY OF BAKERSFIELD ATTEST: City Clerk MAYOR CITY OF CALIFORNIA CITY ATTEST: City Clerk MAYOR CITY OF DELANO ATTEST: City Clerk MAYOR CITY OF MARICOPA ATTEST: City Clerk MAYOR AMENDMENT NO. 1 ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk ATTEST: Clerk of the Board of Supervisors PAGE 3 of 3 CITY OF McFARLAND MAYOR CITY OF RIDGECREST MAYOR CITY OF SHAFTER MAYOR CITY OF TAFT MAYOR CITY OF TEEACHAPI MAYOR CITY OF WASCO MAYOR COUNTY OF KERN CHAIRMAN OF THE BOARD OF SUPER¥ISORS