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