RESOLUTION R2023__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, authorizing the CITY MANAGER to NEGOTIATE AND execute a joint Powers Agreement AND FUTURE AMENDMENTS THERETO BETWEEN the CITY OF NAPA, THE Town of Yountville, and the California Department of Veterans Affairs for Shared Water Sampling and Testing Services WHEREAS, the Joint Exercise of Powers Act, comprising Articles 1 through 4 of Chapter 5 of Division 7 of Title 1 (commencing with section 6500) of the California Government Code (the “JPA Act”), authorizes public agencies to enter into a joint exercise of powers agreement to jointly exercise any power common to them as well as additional powers granted under the JPA Act; and WHEREAS, the City of Napa, the Town of Yountville, and the California Department of Veterans Affairs (“CalVet”) desire to enter into an agreement to coordinate the sharing of water sampling and certified water testing laboratory services pursuant to the JPA Act (“JPA Agreement”); and WHEREAS, the City maintains a laboratory and staff capable of performing a full range of water testing and the laboratory at the Edward I. Barwick Jamieson Canyon Water Treatment Plant which is accredited by the State of California through the Environmental Laboratory Accreditation Program (ELAP); and WHEREAS, City staff has determined that the City has sufficient staffing and laboratory capacity to perform the requested water testing services; and WHEREAS, amendments to the agreement may be needed in the future to modify terms, conditions, scope, or compensation related to water sampling and testing; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council hereby authorizes the City Manager to negotiate and execute a JPA Agreement between the City of Napa, the Town of Yountville, and the California Department of Veterans Affairs for shared water sampling and testing services substantially in the form attached as Attachment 2 to the staff report.
The City Council hereby authorizes the City Manager to negotiate and execute amendments to the JPA Agreement provided that the City Manager determines in writing that (1) the City has sufficient staffing and laboratory capacity to perform the requested water testing services contemplated by the proposed amendments; (2) the proposed amendments will not adversely affect the City’s ability to serve customers of the City’s water system; and (3) the City will be reimbursed the costs of providing any modified services contemplated by the proposed amendments by the agency requesting such services.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 5th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Michael W. Barrett
City Attorney
R2023-__ Page 7 of 7 December 5, 2023
R2023- __ Page 1 of 7 December 5, 2023
ATTACHMENT 1
ATTACHMENT 1