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HomeMy WebLinkAbout89-25 CC ResolutionRESOLUTION NO. 89-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING THE JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE ASSOCIATION OF GOVERNMENT WHEREAS, it is necessary and appropriate for the municipalities located in the western region of Riverside County to provide and agency to conduct studies and projects designed to improve and coordinate common governmental responsibilities and services on an areawide and regional basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. The City of Temecula hereby joins the Western Riverside Association of Government. The Mayor is hereby authorized to execute the Joint Powers Agreement attached hereto as Exhibit A, on behalf of the City. Section 2. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 26th day of December, 1989. Ron J. Parks, Mayor AT'I'EST: Frank Aleshire, City Clerk Resos 89-25 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, F.D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 89-25 was duly adopted at a regular meeting of the City of Temecula on the 26th day of December, 1989, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Lindemans Frank Aleshire, City Clerk Resos 89-25 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 26 27 CLERK'S COPY PROPOSED ~AN 2 1990 ~__~2/~ :o~.~ .O~ERS AGE~E.E.m O~ THE WESTERN RIVERSIDE ASSOCIATION OF GOVERNHENT This Agreement is made and entered into on the ,~//~/~ day of ~/'.~,.--~/-/~J~.~ , 1990, pursuant to Governmen~ Cc~e Section 6500 et. seq. and other pertinent provisions of law, Dy and between six or more of the following c~bies and ~he County of R~vers~de: (a) C~ty of Banning, (b) City of Beaumont, (c) C~ty o~ Coron&~ City of Heme% · (e) City of Lake Elsinore ~ City of Moreno Valley -~ (g) City of Norco/ (h) City of Perris (i) City of Riverside (j) City of San Jacin~o (k) City of Temecula RECITALS A. Each member and p&r~y to this Agreement is a governmental en[~[y established by law w~[h fu]~ powers of government ~n ]eg~sla[~ve, administrative, f~n&ncia], and other related f~elds. /// /// 1 3 5 6 7 8 9 10 11 12 13 1 ,t 15 16 17 18 19 2O 2I 22 23 24 25 26 B. The purpose of the formation is to provide an agency to conduct studies at~d projects designed to improve and coordit~ate the common governmental responsibilities and services on at~ at ea- wide and regional basis through the establ i shment of an association of governments. The Association wi]l explore areas of inter-governmental cooperat;ion and coordination of government. programs and provide recommendabions and solutions ~o problems of cummon and general concern. C. When authorized pursuant to an Implementa[ion Agreement, the Associa[ion sha]! manage and administer ~hereunder. I4OW, THEREFORE, in considera[ion of the mutual promises and covenants herein contained, the parties hereto agree as follows' I. PURPOSE AND POWERS 1.1 A.qency Created. There is hereby crea~ed a Dub]it entity ~o be known as t~he "Western Riverside Association of Governments" ("WRAG"). WI~G is formed by this Agreement pursuant bo [he provision or Governmenl~ Code Section 6500 et. seq. and other per~.inenC provision of law. WRAG shall be a public ent.~,Cy separat;e from the par'ties hereto, 1.2 Power s. 1,2.1, WRAG es[ablished hereunder shall perform al I necessary functions to fulfill the purposes of this Agreement. Amor, g other functions, WRAG shall: a. Serve as a forum for consideration, sl;udy and 7 8 9 12 13 15 19 21 22 2,3 £4 2.5 2~ recommendation on area-wide and regional problems; b, Assemble information helpful in the consideratlor~ of problems ~eculiar to Western Riverside County; c. Explore practical avenues for i ntergovernmenta 1 cooperation, coordination and act, ion in ~he in~eres~ of loca~ public welfare and means of improvements in the adminis~ra~or~ oF governmenbal services; and d, Serve as ~he clearinghouse review body For Federally-funded projects in accordance wi~h Circular A-95 in conjunction with the Southern California Association of Governments. 1.2.2. The Association shall have the power in its own name to do any of the following; a. When necessary for the day to day operatior~ of the Association, to make and enter into contracts; b. To contract for the services of engineers, attorneya, planners, financial consultants and separate and a~art tigrefrom to employ such other persons, as it deems necessary; c. To apply for an appropriate grant or grants under any federal, state, or local programs. d. To receive gifts, contributions and donations ,3F property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; e. To lease, acquire, construct, manage, maintains, and operate any buildings, works, or improvements; f. To delegate some or all of its powers to tt~e 3 6 7 9 10 11 12 3 4 5 6 ? 9 20 21 22 23 24 25 26 Executive Committee and the executive Director of the Association as hereinafter provided. 1.2.3 The association shall have the power- i~ its own name, only with the approval of all affected member agencies to; a. Acquire, hold and dispose of property by emi~ent domain, lease, lease purchase or sale. bo issue bonds; To incur debts, liabilities, II, 2,1 obligations, and ORGANIZATION OF ASSOCIATION Parties. Tile parties to WRAG shall be the County of Riverside af~d each city located withim) Western Riverside County which has executed or hereafter executes this Agreement, or any adderda, amendment, or supplement thereto, and which has not, pursuant to provisions hereof, withdrawn therefrom. -- 2.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time. 2.3 Duties. WRAG shall do whatever is necessary and required to carry out the purposes of this-agreement and when authorized an Implementation Agreement pursuant to section 1.2.3 as approoriate, to make and enter into such contracts, incur 4 1 2 3 5 7 9 10 11 12 ~3 15 ~7 19 (_ . 2] 22 24 25 26 such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accotool ishme~t of the purposes of such agreement, wi thin the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 2.4 Governing Body. 2.4.1. WRAG shall be governed by a General Assembly with membership consisting of the appropriate representatives from the County of Riverside and each city which is a signatory to this Agreement, the number of which shall be determined as hereinafter set forth, The General Assembly shall meet at least once annually, preferably scheduled in the evening. Each member agency of the General Assembly shall have one vote for each mayor, council member or county supervisor present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority oF the total authorized representatives, provided that members representing a ma.iority of the member agencies are present. General Assembly shal I adopt and ame~d by- Iaws For the administration and management of this Agreement, which whe~ adopted and approved shall be an integral part of this Agreement. Such by-laws may provide for the management and admi~istration of this Agreement. 2.4.2, There shal 1 be an Executive Commi thee which exercises the powers of ~his Agreement between sessions the General Assembly, Hembets of ~he Executive Commit, tee shall 5 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2~ 22 23 25 26 be the Mayor From each of the member cities and Four members the Riverside County Board of Supervisors, the remaini~g member of t, he Board of Supervisors shall serve as an alternate, except a~y City Cou~cil, at its discretion, can appoint a Mayor Pro Tern or other city council member in place of the Mayor. The Execubive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencies. 2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents. 2.4.4. Each participating member on the Executive Committee shall also have an alternate, who must also be current member of the legislative body of the party such al ternate represents. The name of the al ternate members sha 1 1 be on file with the Executive Committee. In the absence of the regular member from an agency, the alternate member From suc~, agency shall assume all rights and duties of tl~e absent re4~u lar member. 2.5 Executive 0i rector. The Executive Director shall be the chief administrative officer of the Association. He shall receive such compensation as may be fixed by the Executive Committee. The powers a~d duties of the Executive Director shall be subject to authorlty of the Executive Committee and include the following: a. To appoint, direct and remove employees of Asspc1 ation. 6 7 8 9 lO 11 13 14 15 17 18 19 2O 22 23 25 20 b. Annually to Drepare and present a proposed budget to the Executive Committee and General Assembly. c. Serve as Secretary of the Association and of the Executive Committee. d. To attend meetings of the Executive Committee. e. To perform such other and additional duties as the Executive Committee may requi re. 2.6 Pr i ~ci13al Office. The principal office of WRAG shall be established by the Executive Committee and shal 1 be located within Western RivelISide County. The Executive Committee is hereby granted full power ar~cl authority to change said principal office from one locatio,~ to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2.7 Hee t,i ~qs. The Executive Committee shall meet at the principal of_lice of the agency or at such other place as may be desig,~ated by the 'Executive Committee. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned a~)d special meetings shall be called and conducted i~ accordance with the provisions of the Ralph M. Brown Act. Governme~t Code Section 54950 st. seq., as it may be amended. /// 7 $ 9 10 15 16 17 ~8 21 22 23 25 2.8 .powers and Limitations of the Ex_e_cutive__Committ_e_e_. Unless otherwise provided herein, each member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Association. 2.9 Minutes. The secretary of the Association shall cause to be kept minutes of regular adjourned regular and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes to be forwarded to each member and to each of the members hereto. 2. 10 Rules. The Executive Committee may adopt from time to time such Fules and regulations for the conduct of its affairs consistent with this agreement or any Implementation Agreement. '- 2.11 Vote or Assent of Members. The vote, assent or approval of the members in any manner as may be required, hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the Association. It shall be the responsibility of the Executive Director to obtain certified copies of said act i ohs. 2.12 Officers. There shall be selected from the membership of the 8 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 Executive Committee, a chairperson and a vice chairperson, The Executive Director shall be the secretary. The Treasurer of the County of Riverside shall be the Treasurer of the Association and the Controller or Auditor of the County of Riverside shall be the Auditor of the Association, Such persons shall Dossess the powers of, and shall perform the treasurer and auditor functions respectively, for WRAG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. The chairperson and vice chairperson, shall hold office for a period of one year commencing July 1st of each and every fiscal year; provided, however, the first chairperson and vice chairperson appointed shall hold office from the date appointment to June 30th of the ensuing fiscal year. Except the Executive Oirector, any officer, employee, or agent of Executive Committee may also be an officer, employee, or agent of- any of the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible. 2.13 Committees. The Executive Committee may, as it deems appropriate, appo4nt committees to accomplish the purposes set forth herein. All committee meetings of WRAG, including those of the Executive Committee, shall be open to all members. /// 1 £ 3 5 6 7 8 9 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 2.14 Additional Officers and Employees. The Executive Committee shall have the power to authorize such additional officers and assistants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members. 2.15 ~ondin~ ReQuirement. The officers or persons wt~o have charge of, handle, have access to any property of WRAG shall be the members of tl~e Executive Committee, the treasurer, the Executive Director, and any other officers or persons to be designated or empowered by the Executive Committee. Each such officer or person shall be required to File an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropria[e expenses of WRAG. 2.16 Status of Officers and Emoloyee_s. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all'pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of tl~e members when performing their respective functions shall apply to them to the same degree and extent while engaged lO 2 3 5 6 7 8 9 IO I1 __ 12 13 15 16 17 18 19 20 21 22 23 24 25 25 performance of any of the functions and other duties under this Agreement. None of the officers, agents, or emp}oyees appoir~ted by the Executive Committee shall be deemed, by reason of their employment by the Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members, 2.17 Restrictions. Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Association in its exercise of the above-described joint powers, reference shall be made to, and the Association shall observe, the restrictions imposed upon the County of Riverside. III FUNDS AND PROPERTY 3.1. Treasurer. The Treasury of the member agency whose Treasurer is the Tre~asurer for WRAG shall be ~he depository for WRAG. The Treasurer of the Association sha~l have custody of a]l funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505,5 and other applicable ~aws of the State of California. He or she shall perform a~l of the duties required in Govert~ment Code Section 6505 and fo~}o~ing, such other duties as may be prescribed by the Executive Committee. /// 11 3 5 6 7 8 9 10 11 12 13 ~4 15 17 18 19 2O 2! 22 23 25 26 3.2. ~xpenditure of Funds, The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accoutering practices shall be used to account for all funds received and disbursed. 3.3. Fiscal Year. WRAG shall be operated on a fiscal year basis, begin~ing on July 1 of eacl~ year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRAG during the following fiscal Year. 3.4. Contributions/Public Funds. In preparing the budget, the General Assembly by majority vote of a quorum shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50~ on an assessed valuation basis, each city paying on the basis of its population and assessed valuation and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the by-laws. The parties, when informed of their respective contributions, shall pay the same before August let of the fiscal year for which they are assessed or within sixty days of being informed of the 12 2 3 ,4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 assessment, whichever occurs later. In addition to the contributio~s provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRAG. The Genera] Assembly shall have the power to determine that personnel, equipment or property of one or more of the parties to the Agreement may be used in lieu of Fund contributions or advances. All contributions and funds shall be paid to WRAG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. IV BUDGETS AND DISBURSEMENTS 4.1 Annual Budget. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRAG for its purposes during a fiscal year. 4.2 Oisbursements. The Executive Director shall request warrants From the Auditor in accordance with budgets approved by the Genera! Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordanc~ with rules, regulations, policies, procedures and bylaws adopted by the Executive Co~ittee. 13 1 2 3 5 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 4.3 Accounts. All funds will be placed in appropriate accouters a~d the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental e~tities and pursuant to Government Code Sections 6505 et seq. and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Expenditures Within Aporoved Annual Budqet. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 4.5 Audit. The records and accounts of WRAG shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller and each party to WRAG no later tha~) fifteen (15) days after receipt of said audit by the Executive Committee. 4.8 Reimbursement of Fu~ds. Grant funds received by WRAG from any federal, state, or local agency to pay for budgeted expenditures for which WRAG has received all or a portion of said funds from the par'ties hereto shall be used as determined by WRAG's Executive Committee. 2 3 5 7 9 10 11 12 13 14 15 17 18 19 20 21 23 24 25 V LIABZLITZES 5.1 Liabilities. The debts, liabilities, and obligation of WRAG shall be the debts, liabilities, or obligations of WRAG alone and not of the parties to this Agreement. 5.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to pepsons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees. Where the General Assembly or Executive Committee itself or its agents or employees are held liable for injuries to persons or property, each perry's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less. voluntary contributions) of each member. In the event of liability imposed upon any of the p~Pties to this Agreement, or upon the General Assembly or Executive Committee created b~ this Agreement, for injury which is caused by the negligent or wrongful act or omission of a~y of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts omissions shall indemnify, defend, and hold all other parties 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. The voting for or against a matter being considered by the General Assembly or executive or other committee or WRAG, or abstention from voting on such matter, shall not be construed to constitute a wrongful act or omission within the meaning of this Subsection. VI ADHISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that additional cities other than the original parties, may wish to participate in WRAG. Additional Western Riverside County cities may become parties to WRAG upon such terms and conditions as established by the General Assembly or Executive Committee and the consent of two-thirds (2/3) oF the members to WRAG, evidenced by the execution of a written addendum to this Agreement, and signed by all of the parties includin9 the additional party. However, and without compliance wi.~h th~ foregoing, any of the twelve public agencies listed on the first page of this Agreement may by approving and executing this Agreement and forwarding an attested copy of the executed Agreement to the Executive Director, ~oin the Association (WRAG) within one year of the effective date of this agreement as defined by Section 9,3 Special d~stricts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Association. The 5 7 8 9 l0 11 12 14 15 16 17 18 19 20 22 23 24 25 26 representative of any such advisory member may participate in the work of committees of the Association. 6.2 Withdrawal from WRAG. It is fully anticipated that each party hereto shall participate in WRAG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be give~ to WRAG, six months prior to the effective date of withdrawal; b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRAG prior to the effective date of the parties' notice of withdrawal; c. U(lless otherwise provided by a unanimous vote of th~ Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRAG as set forth in Section Vli below; d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRAG. 17 ! 2 3 4 5 6 7 8 9 10 l! 12 13 15 16 17 18 19 2O 21 22 23 24 25 26 VII TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Aqreement. WRAG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that WRAG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of WRAG, Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRAG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRAG, 7,2 Distribution of Property and Funds, In the event of the termination of this Agreement, any p~operty interest remaining in WRAG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each remaining party a proportionate return on the contributions made to such 'properties by such parties, less previous returns, if any. /// /// /// 18 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 VIII IMPLEMENTATION AGREEHENTS 8.1 Execution of Agreement. When authorized by the Executive Committee, any affected member agency or agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing WRAG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by WRAG in implementing a program including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement, 9.1 IX MISCELLANEOUS Amendments. This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies. 9.2 No~ice. Any notice or instrument required to be given or delivered by depositing the- same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. /// 19 1 2 3 5 6 7 8 9 10 tl 13 14 15 16 17 18 19 20 22 23 24 25 26 9.3 Effective Date. This Agreement shall be effective and WRAG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed ot~ page 1 hereof. 9.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and WRAG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement at~d to the Executive Director of the Association. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party no~ so designated but which desires to join in the arbitratiof~ may, within ten (10) days of service upon it of such notice, file with all other parties and with the Executive Director of the Association a response indicating its intention to join in a~d to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a responderer. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the responderer. or respondents shall each designate a person to act c~ an 2O 7 8 9 10 11 12 13 14 15 17 18 19 2O 21 23 25 arbitrator. The designated arbitrators shall mutually desig,~ate the minimal number of additional persons as arbitrators as may be necessary to create an odd total number of arbitrators but not less than three to serve as arbitrator(s). The arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seQ. The parties to this Agreement agree that the decision of the arbitrators will be binding and will not be subject to judicial review except on the ground that the arbitrators have exceeded the scope of their authority. 9.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or co~ditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction,' each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9,6 Successors. This Agreement shall be binding upon and shall inure to the beneftt of the successors of the parties hereto. 9.7 Assiqnme~t, The parties hereto shall not assign any rights or obligations under this Agreement without written consent o~ all 21 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4.0 41 42 43 44 45 the authorized execution of this Agreement. authorized signatures below, respectively. other parties. 9.8 Execution. The Board of Supervisors of the County of Riverside and city councils of the cities enumerated herein have each as evidenced by the ATTEST: Clerk of the Board of/~uDervisors Oat;ed' /JAN 21"90 ;~t~/ ~/~ , Dated: JAN 2 199([ ATTEST: City Clerk City o~ Banning By: Dated: CITY OF BANNING By: Hayor ATTEST: City Clerk City of Beaumont By: Dated: 22 CITY OF BEAUHONT By: Mayor 5 10 14 17 2O 27 2~ ~0 32 3~ ~4 3~ 43 44 the authorized execution of this Agreement. authorized signatures below, respectively. other parties. 9.8 Execution. The Board of Supervisors of the County of Riverside and city councils of the cities enumerated herein have each as evidenced by the ATTEST: Clerk of the Board o~uDerviso COUNTY Dated: JAN 2 of Supervisors ATTEST: City Dated ATTEST: City clerk Ctty of Beaumcmt By: Dated: C[TY OF BEAUMONT By: Mayor 1 7 8 ~0 11 12 1,3 14 15 17 18 20 21 22 23 24 25 2~ 27 29 30 31 32 33 34 35 36 37 39 40 41 43 44 45 47 49 50 5! 52 ATTEST: City Clerk City of Corona Dated: ?'~- ' ATTEST: City Clerk Ctty of Hemet By: Dated: ATTEST: City Clerk City of Lake Els note By: Dated: ATTEST: City Clerk C~ty of Moreno Valley By: O&ted: CITY OF CORONA ayor CITY OF HEMET By: Mayor 'CITY OF LAKE ELSINORE Mayor CITY OF MORENO VALLEY By: Mayor 23 1 7 9 11 12 13 15 17 18 lg 2O 21 22 23 2,t, 25 27 28 2g 3O 3'1 32 33 3,1. 35 36 3? 38 3g .4. O 41 ~3 45 4? ~8 49 5O SI 52 ATTEST: City Clerk City of Corona By: Oated: CITY OF CORONA By: Mayor ATTEST: City Clerk Dated: ATTEST: City Clerk City of Lake Elsinore By: Dated: CITY OF LAKE ELSINORE Ely: Mayor ATTEST: Ci[y Clerk City of Moreno Valley By: Dated: CZTY OF MORENO VALLEY Mayor 23 1 2 3 4 5 7 10 14 17 20 ~7 2~ ~0 31 ~7 40 41 43 44 45 4B 47 4~ 4~ ATTEST: City Clerk City of Corona By: Dated: ATTEST: City Clerk City of Hemet By: Dated: ATTEST: Ctt~y Clerk City of Lake Elsinore o,t,d: 0 ATTEST: City Clerk City of Moreno Valley By: Dated: 23 CITY OF CORONA By: Mayor CITY OF HEMET Mayor CZTv OF LAKE ELSZNORE Mayor CZTY OF MORENO VALLEY Mayor 1 6 7 9 10 11 13 14. 15 16 17 18 2O 21 27 28 29 30 31 32 3:3 34. 35 36 37 38 3<9 40 41 42 4:3 44 45 46 47 48 50 51 ATTEST: City Clerk City of Corona By: Dated: ATTEST: City Clerk City of Hemet By: Dated: ATTEST: City Clerk City of Lake Elsinore By: Dated: ATTEST: City Clerk City of Moreno Valley / / ., : ,,. _ (' , .- ,'. " Dated: /~ " 23 CITY OF CORONA By: Mayor CZTY OF HEHET By: Mayor CITY OF LAKE ELSINORE By: Mayor ¢ZTY OF NORENO VALLEY Mayo 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 ~5 27 28 29 30 31 32 33 34 35 36 37 38 39 40 42 43 44 45 46 47 48 49 50 51 52 ATTEST: City Clerk City of Norco Nayo~ ATTEST: City Clerk City of Norco By: Dated: CZTY OF PERRIS Mayor ATTEST: City Clerk City of Riverside By: Dated: CITY OF RIVERSIDE Mayor ATTEST: City Clerk .City of San Jacinto By: Dated: CITY OF SAN JACINTO Nayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 ~5 27 28 29 30 31 32 33 34 35 36 37 38 39 40 42 43 44 45 46 47 48 49 50 51 52 ATTEST: Ci%y Clerk City of Norco By: Dated: ATTEST: City Clerk City of Perris (BETI AN ~YNES) Dated: ~Q ~'-~:~ ~Q~O ATTEST: City Clerk City of Riverside By: ATTEST: Ctty Cl®rk City o~ San Jacinto By: 24 CITY OF NORCO By: Mayor C:[TY OF PERRIS (ARTHUR C GUTIERREZ) CITY OF RIVERS[DE Mayor CITY OF SAN JACINTO Mayor 3 5 6 7 $ 10 11 12 13 14 15 17 19 20 22 23 $ ~7 28 29 3O 31 32 33 3~ 35 36 37 38 39 ,~0 42 43 45 47 ~9 50 52 ATTEST: City Clerk City of Norco By: Dated: ATTEST: City Cl®rk City of Norco By: Dated: ATTEST: Ci[y Clerk City of Riv®r$ida ATTEST: Ctty Cl®rk City of San Jac~n[o By: Dated: 24 CITY OF NORCO By: Mayor CZTY OF PERRZS Mayor Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ~4 '5 6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 z8 ~9 5O 51 52 ATTEST: City Clerk City of Norco By: Dated: CITY OF NORCO Mayor ATTEST: City Clerk City of Norco By: Dated: CITY OF PERRIS Mayor ATTEST: City Clerk City of Riverside By: Dated: CITY OF RIVERSIDE Mayor ATTEST: City Clerk CITY OF SAN JACINTO City of San Jacinto 24 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 42 43 44 ATTEST: Deputy City Clerk City of Teaecula Dated CITY OF TENECULA By: Nayor 25