HomeMy WebLinkAboutContracts & Agreements_43-1978 Five original counterparts one each to
1 Rialto, Colton, Fontana, Redlands, San Bernar
dino
2 JOINT POWERS AGREEMENT FOR
IMPLEMENTATION OF
3 ECONOMIC DEVELOPMENT ACTION PROGRAM
4 THIS JOINT POWERS AGREEMENT, is made and entered into this day
S of October, 1978, by and between the CITY OF FONTANA, a municipal corporation ,
6 hereinafter referred to as "FONTANA" , the CITY OF RIALTO, a municipal corpora-
1 tion , hereinafter referred to as "RIALTO" , the CITY OF COLTON, a municipal
8 corporation, hereinafter referred to as "COLTON" , and CITY OF SAN BERNARDINO,
9 a charter city, hereinafter referred to as "SAN BERNARDINO" , and the CITY OF
10 REDLANDS , a municipal corporation, hereinafter referred to as "REDLANDS" , and
11 hereinafter collectively referred to as "the parties hereto,"
12 RECITALS This Agreement is made with knowledge of and in reference to
13 the following facts
14 (a) The Congress of the United States has heretofore enacted the
15 PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965 , and particularly TITLE IX
16 thereof, which provides for the Special Economic Development and Adjustment
17 Assistance Program, the purpose of which is to establish new, and more effec-
18 tive , domestic aid programs for areas of high unemployment and limited indus-
19 trial developments in which local funds for development are limited
20 b) Recognizing the fact Federal programs under the said Title IX are
21 legally and administratively complex and impose substantial demands on local
22 leadership and staff resources , and a more area-wide coordinated and united
23 organizational structure is needed to make the most effective use of such
24 federal domestic aid programs and particularly to implement and carry out this
25 area' s proposed Title IX projects , the parties hereto, on July 28, 1978,
26 entered into a Memorandum of Understanding for the purposes of pooling their re-
27 sources to apply for a planning grant under said Title IX
28 (c) The necessity for additional and improved public facilities and
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1 services, stimulation of public and private economic development activities,
2 initiating new and more effective financial assistance procedures and mechan-
3 isms , as required for further Dublic and private economic development programs
4 and projects , presents problems which, on the basis of past experience, cannot
5 be adequately met by individual public agencies in this area acting alone
6 (d) Pursuant to the ,point effort arising from the Memorandum of Under-
7 standing of July 28, 1978, the U S Department of Commerce, Economic Development,
8 has offered to the parties (represented by Fontana) , Economic Adjustment Grant
9 No 07-09-02069 "to enable the Grantee to carry out the objective of the Act by
10 developing a comprehensive economic adjustment program to redress an actual or
11 threatened economic dislocation or other adjustment problem for the area of
12 Fontana , Rialto, Colton , San Bernardino and Redlands , California "
13 (e) The parties hereto have the common power to perform the kind of
14 functions and services as hereinafter described within their respective juris-
15 dictions
16 (f) The parties hereto recognize that the economic problems in this
17 area, and within their respective jurisdictions , require that the said parties
18 coordinate their efforts in solving such economic problems by entering into
19 this Agreement to provide for the joint exercise of their said powers in imple-
20 menting the Title IX planning project described in subparagraph (d) above, and
21 the comprehensive economic adjustment program, all in accordance with the afore-
22 said Special Economic Development and Adjustment Assistance Program enacted by
23 Congress 7n 1974 In carrying out these stated objectives, it is necessary to
24 officially establish the Joint Powers Authority pursuant to the July 28, 1978
25 Memorandum of Understanding, and to establish the structure of the GOVERNING
26 BOARD of said joint powers authority by entering into this Joint Powers Agree-
27 ment.
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I (g) This Joint Powers Agreement is authorized by the provisions of
2 Title I , Division 7, Chanter 5 (commencing with Section 6500) of the Government ,
3 Code of the State of California which authorizes the joint exercise by agree-
4 meat of two or more public agencies of any power common to them,
5 NOW, THEREFORE, IT IS AGREED AS FOLLOWS
6 ARTICLE I - DEFINITIONS
7 SECTION 1 01 GENERAL Unless the context otherwise requires, the
8 words and terms defined in this ARTICLE shall , for the purposes hereof, have
9 the meanings herein specified
10 SECTION 1 .02. ACT. ACT means Title I , Division 7 , Chapter 5 (commenc-
11 inq with Section 6500) of the Government Code of the State of California
12 SECTION 1 03. ADMINISTRATIVE EXPENSE. Administrative expense means
13 those sums of money required to be expended by the ,joint powers authority
14 hereby created (and hereinafter called the AUTHORITY) from an administrative
15 expense fund to be established and maintained by the AUTHORITY to finance those
16 costs of administering this Agreement and for carrying out the powers and
17 functions authorized in this Agreement.
18 SECTION 1 04 AUTHORITY AUTHORITY means the FIVE CITY ECONOMIC
19 DEVELOPMENT AUTHORITY created pursuant to this Agreement.
20 SECTION 1 .05. FISCAL YEAR Fiscal year means the period from July 1
21 to and includinq the followinq June 30
22 SECTION 1 06 GOVERNING BOARD. GOVERNING BOARD means the GOVERNING
23 BOARD of the AUTHORITY established pursuant to this Agreement
24 SECTION 1 07 STATE State means the State of California
25 SECTION 1 .08 PROJECT PROGRESS PROJECT PROGRESS means the Economic
26 Development Action Plan and Strategy for the five cities which are parties
27 hereto, to be described in the Plan and Report to be prepared by means of the
28 above mentioned Development Grant from the Economic Development Administration,
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I and including the further detailed planning, designing, engineering, contruc-
2 tion, leasing, selling, operation and maintenance of the specific facilities
3 and projects described in said Plan and Report, or that portion of such
4 functions, services and activities as are within the leqal power and authority
5 of one or all of the parties hereto , and further including all legal , adminis-
6 trative, financial and technical services and activities connected therewith.
7 SECTION 1 09 DIRECTOR A Director may be duly appointed by the Gover-
8 ning Board of the Authority and shall not be a member of the Governing Board
9 ARTICLE II
10 PURPOSE
11 SECTION 2.01 . PURPOSE. It is the purpose of this Agreement to provide
12 a united, coordinated, orderly, positive and effective means for implementing
13 and carrying into execution an Economic Development Action Plan and Strategy
14 for the general benefit of all of the people of the five cities which are
15 parties hereto, as such Plan and Strategy is more particularly described in
16 this area' s PROJECT PROGRESS program outlined in said Economic Development
17 Action Plan and Strategy to be prepared with federal financial assistance
1s provided by the Economic Development Administration under Title IX of the
19 Public Works and Economic Development Act of 1965 This AUTHORITY 7s vested
20 with power (1 ) to effectively implement, coordinate and administer the
21 Economic Development Action Plan and Strategy above referred to , in accordance
22 with the purpose and intent of the Special Economic Development and Adjustment
23 Assistance Program enacted by Congress in 1974 as Title IX of the Public Works
24 and Economic Development Act of 1965, as amended, and (2) to establish
25 appropriate operating committees and special commissions to assist the
26 AUTHORITY in carrying out the foregoing purposes and to assist the AUTHORITY
27 in implementing economic development projects and programs to improve the
28 quality of life in the area.
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ARTICLE III : j
2 FORMATION AND ORGANIZATION
3 SECTION 3 OI CREATION OF AUTHORITY Pursuant to the ACT, there is
4 hereby created a public entity to be known as the "FIVE CITY ECONOMIC DEVELOP-
S MENT AUTHORITY", herein called "AUTHORITY" The AUTHORITY 7s a public entity
6 seoarate and apart from any or all of the component cities and shall administer'
7 this Agreement
B SECTION 3 02 GOVERNING BOARD The AUTHORITY shall be administered by
9 a GOVERNING BOARD of five (5) members. One (1) member shall be appointed by
10 the Mayor and City Council of each of the five cities which are parties hereto,
11 and each member shall be the Mayor or a member of the City Council of the City
12 such member represents , provided, however, that any member may appoint a deputy
13 to represent such member at meetings of the GOVERNING BOARD The GOVERNING
14 BOARD shall be called the "GOVERNING BOARD OF THE FIVE CITY ECONOMIC DEVELOP-
15 MENT AUTHORITY" All voting rower of the °AUTHORITYshail reside in the GOVERN-
16 ING BOARD, but may be exercised on behalf of any member by such member's duly
17 appointed deputy
18 Each member of the GOVERNING BOARD shall serve at the pleasure of the
19 authority that appointed him Each member shall cease to be a member of the
20 GOVERNING BOARD when he ceases to hold office on the governing board of the
21 authority that appointed him Vacancies on the GOVERNING BOARD shall be filled
22 by the respective appointing parties. Any member of the GOVERNING BOARD of
23 the AUTHORITY may be removed at any time in the same manner as he was appointed
24 A The members of the GOVERNING BOARD that will take office
25 immediately upon the execution of this Agreement by the cities which are parties
26 hereto, and whose selection and appointment is made and confirmed by the
27 respective governing bodies of the several cities by execution of this Agree-
28 ment, are as follows
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1 FONTANA
2
3 RIALTO
4 GERALD R EAVES, Louncilman
5 COLTON
6 FRANK A GONZALES, Mayor
7 SAN BERNARDINO
S rnl-TAPn q "EFTLET) JTZ , round loran
9 REDLANDS
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11 B A member of the City Council of any city which is a party here-
12 to may be appointed and serve simultaneously as a member of the GOVERNING
13 BOARD of the AUTHORITY
14 C No person, while serving as a member of the GOVERNING BOARD of
15 the AUTHORITY, shall be eligible to be appointed to any salaried office or
16 employment in the service of the AUTHORITY„ nor shall such person become
17 eligible for such appointment within one year after he has ceased to be a
18 member of the GOVERNING BOARD of the AUTHORITY
19 D The members of the GOVERNING BOARD of the AUTHORITY shall serve
20 without compensation This shall not affect in any way remuneration received
21 by a local public official who, in addition to his responsibilities as a local
22 public official , serves as a member of the GOVERNING BOARD of the AUTHORITY , or
23 as a deputy to a member. All members of the GOVERNING BOARD of the AUTHORITY,
24 or their duly appointed deputies , may be reimbursed for reasonable and neces-
25 sary expenses incurred in the performance of their duties as such members Re-
26 imbursement of expenses shall be subject to approval of the GOVERNING BOARD of
27 the AUTHORITY
28 SECTION 3,03 REGULAR MEETINGS. The GOVERNING BOARD shall provide for
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1 its regular meetings , provided, however, that at least one regular meeting
2 shall be held once each month The date , hour and place of the holding of
3 regular meetings shall be fixed by resolution of the GOVERNING BOARD, and a
4 copy of such resolution shall be filed with each party hereto
5 SECTION 3.04. RALPH M BRO14N ACT All meetings of the GOVERNING BOARD
6 including, without limitation, regular, adjourned regular and special meetings ,
7 shall be called, noticed, held and conducted in accordance with the provisions
8 of the RALPH M BROWN ACT (commencing with Section 54950 of the Government Code
9 of the State of California) .
10 SECTION 3 05. MINUTES The Secretary of the AUTHORITY shall cause to
11 be kept minutes of the meetings of the GOVERNING BOARD and shall , as soon as
12 possible after each meeting, cause a copy of the minutes to be forwarded to
13 each member of the GOVERNING BOARD and to each member city
14 SECTION 3 06 QUORUM. Three (3) members of the GOVERNING BOARD shall
15 constitute a quorum for the transaction of business , except that less than a
16 quorum may adjourn , from time to time, provided that the affirmative vote of
17 at least two (2) members of the GOVERNING BOARD shall be necessary for the
18 approval of any action of the GOVERNING BOARD.
19 SECTION 3 07. RULES The GOVERNING BOARD of the AUTHORITY may adopt ,
20 from time to time, such rules and regulations for the conduct of its meetings
21 and affairs as are necessary for the purposes hereof.
22 SECTION 3 08 OFFICE. The GOVERNING BOARD of the AUTHORITY may estab--
23 lish and maintain an office within the area as it deems will best facilitate
24 the accomplishment of the objectives and purposes of the AUTHORITY
25 SECTION 3.09. BOUNDARIES The FIVE CITY ECONOMIC DEVELOPMENT AUTHORITY
26 shall encompass all of the territory within the geographical boundaries of the
27 member cities provided, however, that such boundaries may be extended to include
28 unincorporated territory by unanimous consent of the GOVERNING BOARD
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1 ARTICLE IV - OFFICERS AND EMPLOYEES
2 SECTION 4 01 CHAIRMAN, VICE-CHAIRMAN AND SECRETARY The GOVERNING
3 BOARD shall elect a Chairman and Vice-Chairman and shall appoint a Secretary
4 who may, but need not, be a member of the GOVERNING BOARD The officers shall
5 perform the duties normal to said offices , and
6 A. The Chairman shall sign all contracts on behalf of the
7 AUTHORITY and perform such other duties as may be imposed by the GOVERNING
8 BOARD.
g B The Vice-Chairman shall act, sign contracts , and perform all of
i0 the Chairman' s duties in the absence of the Chairman; and
11 C. The Secretary shall countersign all contracts on behalf of the
12 AUTHORITY, perform such other duties as may be imposed by the GOVERNING BOARD,
13 and keep minutes of all meetings and cause a copy of the minutes to be forward-
14 ed to each of the members of the GOVERNING BOARD and to each member CITY
15 SECTION 4 02 TREASURER. The Treasurer of City of Fnntana
16 is hereby designated as the Treasurer of the AUTHORITY and as the depositary
17 to have custody of all the money of the AUTHORITY from whatever source The
18 Director of Finance of .A is hereby designated as the
19 Auditor-Controller of the AUTHORITY The Treasurer and the Auditor-Controller
20 shall have the duties and obligations set forth in Sections 6505 and 6505.5 of
21 the ACT and shall assure that there shall be strict accountability of all funds
22 and report of all receipts and disbursements of the AUTHORITY.
23 The City Council of the City whose Treasurer is serving as Treasurer of
24 of the AUTHORITY shall determine the reasonable charges to be made against the
25 AUTHORITY for the services of the Treasurer and Auditor--Controller
26 SECTION 4.03. BONDING PERSONS HAVING ACCESS TO PROPERTY From time to
27 time, the parties hereto shall designate the public officers or persons , in
28 addition to the Treasurer and Auditor-Controller, having charge of handling or
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I having access to any property of the AUTHORITY, and the respective amounts of
2 the official bonds of the Treasurer and Auditor-Controller and such other
3 persons pursuant to Section 6506. 1 of the ACT
4 SECTION 4 04 LEGAL ADVISOR The GOVERNING BOARD shall select, appoint
S employ and retain the legal advisor of the AUTHORITY, who shall perform such
6 duties as may be prescribed by the GOVERNING BOARD
7 SECTION 4 05 OTHER EMPLOYEES The GOVERNING BOARD shall have the pow-
8 er to appoint and employ such other officers , employees, consultants, advisors
9 and independent contractors as may be necessary for the purposes hereof
10 SECTION 4 06 COMPENSATION. The GOVERNING BOARD shall determine the
11 compensation of, and pay from AUTHORITY funds (including payment from funds
12 which the AUTHORITY may receive from time to time in the form of federal and
13 state grants) the salaries , wages , fees and other compensation of such planninc,
14 engineering, legal , financial , or other techincal and professional personnel ,
15 consultants , and other employees of the AUTHORITY
16 SECTION 4 07 NON -CIVIL SERVICE. Nothing herein contained shall be coh-
17 strued as making the AUTHORITY a department of any city, or as placing any of
18 the officers , counsel , personnel , or employees of the AUTHORITY under any form
19 of Civil Service or merit system or under any other form of specially protectec'
20 employment right or status , excluding member city employees used as in-kind
21 services
22 ARTICLE V - POWERS
23 SECTION 5 01 GENERAL POWERS The AUTHORITY created by this Agreement
24 shall exercise in the manner hereinafter provided the powers common to each of
25 the entities to this Agreement
26 As provided in the ACT, the AUTHORITY shall be a public entity separate
27 from, the parties hereto The AUTHORITY shall have the power to administer,
28 carry out and implement an Economic Development Action Plan and Strategy for
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1 the member cities, as such plan and strategy is hereafter designed under the
2 planning grant described above, and to further administer, coordinate, promote ,
3 carry out and implement the purposes of this Agreement as referred to in Sectio
4 2 01 of ARTICLE II hereof, and, in connection therewith , the AUTHORITY shall
5 have the power to finance , acquire, construct, lease, operate and maintain
6 project structures, buildings and facilities , all subject to the provisions of
7 this Agreement
8 SECTION 5.02 REVENUE BONDS The AUTHORITY , as a separate public
9 entity, shall have the power to issue revenue bonds pursuant to the laws of
10 the State of California as the same now reads or may be hereafter amended, and
11 to provide for the repayment thereof The AUTHORITY shall also have all the
12 powers provided for in Article 2 of the ACT (commencing with Government Code
13 Section 6540) , as said ACT now reads or may be hereafter amended
14 SECTION 5 03 SPECIFIC POWERS The AUTHORITY is hereby authorized,
15 in its own name, to do all acts necessary far the exercise of the foregoing
16 powers for the purposes of this Agreement including, but not limited to, any
17 or all of the following
18 A To make and enter into contracts,
19 B. To employ agents , employees, consultants, and independent.
2.0 contractors ,
21 C. To acquire, construct, manage, maintain or operate any build-
22 Ings, works, or improvements,
23 D To acquire, hold or dispose of real and personal property, or
24 any interest therein, by deed, purchase, lease, contract, gift, devise, or
25 otherwise
26 E To sue and be sued in its own name , except as otherwise provld-
27 ed by law The exercise by the AUTHORITY of the power to sue or be sued in
28 its own name shall be subject to the restrictions on the exercise of such
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I power applicable to the five cities signatory hereto
2 An action to determine the validity of any Contract may be brought
3 pursuant to Chapter 9 (commencing with Section 860) , Title 10, Part 2 of the
4 Code of Civil Procedure of the State of California
5 F. To incur debts , liabilities or obligations , provided that no
6 debt, liability or obligation shall constitute a debt, liability or obligation
7 of any or all of the cities signatory hereto
8 G To apply for, accent, receive and disburse grants , loans and
9 other financial assistance from any agency of the United States of America or
10 of the State of California, or from any other public agency or from other
11 sources , public or private, and expend such funds for the purposes set forth in
12 this Agreement,
13 H To delegate portions of its functions to an advisory body or
14 administrative entity for the purposes of program development, policy formula-
15 tion or program implementation , provided, however, that any annual budget of
16 the agency to which the delegation is made must be approved by the GOVERNING
17 BOARD of the AUTHORITY,
18 I. To invest any money in the treasury, pursuant to Section 6505.5
19 of the ACT`, asthe AUTHORITY determines is advisable, in the same manner
20 and upon the same conditions as local agencies , pursuant to Section 53601 of the
21 Government Code of the State of California
22 J To carry out and enforce all the provisions of this Agreement,
23 K To contract for and obtain insurance against any insurable risk
24 reasonably anticipated to result from the exercise of any powers or functions
25 of the AUTHORITY or the performance of any duties by the officers and employees
26 of the AUTHORITY ,
27 L To make , adopt, amend, and repeal its bylaws , rules, ordinances ,
28 resolutions , and procedural regulations not inconsistent with, and to carry into
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I effect, the powers granted in and purposes of this Agreement,
2 M To perform such duties and functions as may be necessary or
3 appropriate for the administration and coordination of federal or state
4 assisted economic planning and development programs and projects within the
5 geographical boundaries of this joint powers authority as hereinbefore de-
6 fined.
7 N. To do and perform any and all acts necessary to participate in
8 federal or state assisted economic development projects within the jurisdic-
9 tional boundaries of the AUTHORITY , including, without limitation , applying
10 for, accepting and administering grants or other financial assistance from the
11 federal goverment, the state , or other public agencies, or from any other
12 sources, public or private , for such economic development projects , to use and
13 expend such funds for any of the purposes as described or referred to In this
14 Agreement, and to enter into and carry out contracts or agreements in connec-
15 tion therewith which are not inconsistent with the purposes and powers of
16 the AUTHORITY as set forth in this Agreement, and
17 0. To adopt a seal and alter it at its pleasure
18 SECTION 5 04 CLAIMS All claims and actions for money or damages
19 against the AUTHORITY and its officers and employees are governed by Division
20 3.6 (commencing with Section 810) of Title I of the Government Code of the
21 State of California The AUTHORITY shall be deemed a "public entity" within
22 the meaning of Division 3.6 of Title I of said Government Code
23 SECTION 5.05 INTERESTS IN CONTRACTS The provisions of Article 4
24 (commencing with Section 1090) , Article 4 5 (commencing with Section 1100) and
25 Article 4.6 (commencing with Section 1120) , Chapter 1 , Division 4, Title 1 ,
26 of the Government Code of the State of California prohibiting certain f7nan-
27 cial interests in public contracts shall apply to the officers, directors and
28 employees of the AUTHORITY
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I applications for federal financial assistance required for the implementation of
2 the Economic Development Action Plan and Strategy as referred to hereinabove in
3 this Agreement
4 SECTION 7 03. ADVANCES In addition to the financial contributions re-
g quzred to be made by each party hereto as set forth in SECTION 7 02 above, each
6 of the parties to this Agreement may advance to the AUTHORITY money in such sums
7 as may be mutually agreed upon by such party and the GOVERNING BOARD of the
8 AUTHORITY An amount equal to all advances so made by each party, plus interest
9 thereon at a rate to be mutually agreed upon by the AUTHORITY and the party mak-
10 ing such advance, shall be repaid by the AUTHORITY in cash , but only from the
11 proceeds of federal grants, state grants, the sale of revenue bonds of the AUTH-
12 ORITY, or such other construction funds as the AUTHORITY designates. Repayment
13 shall be made by the AUTHORITY at such time or times as the AUTHORITY and the
14party making such advance shall mutually agree at the time such advance is made
SECTION 7 04 ANNUAL BUDGET
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A The GOVERNING BOARD of the AUTHORITY shall , on or before March 1
16
of each year, prepare and submit to each party hereto a budget estimate of the
17
18 expense of conducting the AUTHORITY for the ensuing year
B The budget estimate shall be in such form as the GOVERNING BOARD
19
may prescribe using the guidelines of the California State Controller The bud
20
get estimate shall contain a summary of the fiscal policy of the AUTHORITY for
21
the budget year and shall include data showing the relation between the total
22
proposed expenditures and the total anticipated income or other means of finan-
23
cing the budget for the ensuing year, contrasted with the corresponding data for
24
the current year. The budget may be published The budget estimate may in-
25
clude the unappropriated balance item to be available for appropriation in the
26
ensuing fiscal year to meet contingencies other than contingencies resulting
27
from temporary insufficiencies in the revenues of the AUTHORITY
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I construction of each public portion of PROJECT PROGRESS and final acceptance
2 thereof by the GOVERNING BOARD, the AUTHORITY may operate and maintain said pub-
3 lic project, with its own personnel , by contract with one or more of the parties
4 thereto, or by contract with a third party, as determined by the GOVERNING BOARS ,
5 or transfer the ownership, operation and maintenance to one of the parties hereto
6 as may be most consistent with the power and Jurisdiction of such party Pro-
7 vided, however, that no such transfer shall be made by the AUTHORITY in violatiuc
8 of any grant condition or regulation imposed by any federal or state agency that
g provided financial assistance for said project However, AUTHORITY agrees to re
10 quest approval and consent to make such transfer in those instances where it is
11 deemed to be consistent with the long range purpose and intent of this Agreement
12 and where such transfer would be in the best public interest
13 ARTICLE VII - FINANCIAL PROVISIONS
14 SECTION 7 01 FISCAL YEAR The fiscal year of the AUTHORITY shall be
15 from July I of each year to and including June 30 of the following year.
16 SECTION 7.02. CONTRIBUTIONS The several cities signatory hereto shall
17 each contribute to the AUTHORITY the sum of one-twentieth (1/20) of the total
16 Planning Grant amount 7n cash or in in-kind services on or before completion of
19 said Planning Grant phase The cash portions of such contributions shall be not
20 less than $1,000 nor more than $2,000 Any financial contributions other than
21 set forth above shall be made only upon official action by the governing board
22 of such party hereto as may desire to make any further or additional contribu-
tion to the AUTHORITY
23
24 The expenditure of funds contributed to the AUTHORITY by the parties
25 hereto shall be used only for ordinary administrative and operating expenses of
26
the AUTHORITY, as referred to in the Economic adjustment Grant Terms and Condi-
27 tions, and for payment of fees and costs incurred or to be incurred by the AUTH
28 ORITY in connection with the preparation, filing and processing of one or more
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1 performed prior to the award of a contract for the construction of any public
2 works portion of PROJECT PROGRESS.
3 Nothing contained in this Agreement shall be construed as limitinq or
4 restricting the timing or procedure to be followed by the AUTHORITY in obtain-
5 ing financing required for implementation of PROJECT PROGRESS if some other
6 or different procedure or timing is required by any federal or state agency
7 providing financial assistance to the AUTHORITY
8 SECTION 6 04 PROJECT FINANCING Prior to, or upon completion of the
9 preparation of construction plans and specifications , the AUTHORITY shall
10 secure funds (or a firm commitment of funds) adequate to finance the cost of
11 constructing any public portion of PROJECT PROGRESS The AUTHORITY shall se-
12 cure such funds or firm commitment of such funds through federal and state
13 grants and from the issuance of revenue bonds and from other available sources
14 Said funds shall be adequate, with the proceeds of prior bond issues , if any,
15 to finance the entire cost of that portion of the public project for which
16 said plans and specifications have been completed, including, but not limited
17 to, the costs of repaying advances made to the AUTHORITY by the parties hereto
18 and for which repayment was a condition of such advance , the cost of all
19 activities necessarily carried out by the AUTHORITY prior to the award of a
20 contract for the construction, interest expenses estimated to accrue prior
21 to the completion of construction, and the estimated cost of the construction
22 and all costs incidental thereto
23 SECTION 6 05 CONSTRUCTION. Upon securing funds (or a firm commit-
24 ment of funds) deemed adequate by the GOVERNING BOARD to finance the entire
25 cost of constructing any public portion of PROJECT PROGRESS, the AUTHORITY
26 shall proceed to contract with one or more firms for the construction of each
27 such public portion of said PROTECT PROGRESS
28 SECTION 6 06 OPERATION AND MAINTENANCE Upon completion of
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SECTION 5 06. ENFORCEMENT BY AUTHORITY The AUTHORITY is hereby
2 authorized to take any or all legal actions necessary and permitted by law to
3 enforce this Agreement
ARTICLE VI - METHOD OF PROCEDURE
S SECTION 6.01 ASSUMPTION OF RESPONSIBILITIES Upon completion of the
6 initial organization of the GOVERNING BOARD and the appointment of the Secre--
7 tary and Legal Advisor, the AUTHORITY shall proceed to carry out its duties
8 and responsibilities as set forth in this Agreement, including, primarily, the
9 implementation of the Economic Development Action Plan and Strategy to be
14 prepared as hereinabove provided.
11 SECTION 6.02 FINANCING ACTIVITIES PRECEDING CONSTRUCTION The
12 AUTHORITY shall secure funds or a firm commitment of funds adequate to finance
13 the activities necessary to be carried out prior to the award of a contract
14 for the construction of any public project portion of PROJECT PROGRESS, which
15 includes , but 7s not limited to, the preparation of construction plans and
16 specifications , and the acquisition of permits , rights-of-way and land neces-
17 sary for the construction The AUTHORITY shall secure such funds through
18 federal and state grants , the issuance of bonds , advances from the parties
19 hereto, or from any other proper source or sources , or by any combination
20 thereof
21 SECTION 6 03. ACTIVITIES PRECEDING CONSTRUCTION Upon securing funds
22 (or a firm commitment of funds) deemed adequate by the GOVERNING BOARD to
23 finance the cost of the activities necessary to be carried out prior to the
24 award of a contract for the construction of any public project portion of
25 PROJECT PROGRESS , the AUTHORITY shall proceed to contract with one or more
26 engineering and/or architectural firms for the preparation of construction
27 plans and specifications, to acquire said necessary permits , rights-of-way
28 and land, and to carry out all other acitivies which are necessary to be
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C. After submission of the budget estimate, the
GOVERNING BOARD shall fix a time and a place for hearing by the
GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice
of such hearing to be published at least ten (10) days prior to
the date set for hearing in a newspaper of general circulation in
the area pursuant to Sections 6060 and 6061 of the Government Code
of the State of California, and shall give mailed notice of such
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hearing to each party to this Agreement.
At the budget hearing the GOVERNING BOARD may increase
Dr decrease any item in the budget estimate and may delete any
.tem therefrom or add any new item thereto.
Upon the conclusion of the budget hearing and not later
han May 1 of each year the GOVERNING BOARD shall approve the
>udget esta.mate as submitted to the parties hereto or as revised
�_v the GOVERNING BOARD, and thereupon the same shall constitute
he final budget for the ensuing fiscal year.
The several items of the final budget shah be deemed
PPropri.ated for the ensuing fiscal year in the amounts and for
he purposes specified in the final budget,
SECTION 7. 05. RECORDS AND ACCOUNTS. The AUTHORITY shall
cruse to be kept accurate and correct books of account, showing In
wtail the costs of adm3-nistration, bond interest, bond redemption,
Deration and maintenance, and all financial transactions of the
7THORITY. Said books of account shall be open to inspection at
'-1 times by any representative of any of the parties hereto, or
Dy any accountant or other person authorized by any party hereto to
Lnspect said books of account The Auditor-Controller shall, in ac-
�ordance with Section 6-.)05 of the ACT, cause the books of account
ind other financial records of the AUTHORITY to be audited annually.
ARTICLE VIII - ARBITRATION
SECTION 8 01 ARBITRATION OF DISPUTES AND CONTROVERSIES.
.11 controversies and disputes between the parties hereto arising
,ut of an action or decision of the AUTHORITY shall be settled by
rbitration in accordance with the provisions of this ARTICLE VIII.
ithin ten (10) days after the action or decision has been taken,
he aggrieved entity shall give written notice to the GOVERNING
OARD of the AUTHORITY and the other entities that it desires
rbitration, stating the controversy to be arbitrated. Within ten
LO) days thereafter, the aggrieved entity and the GOVERNING BOARD
Sall each select one arbitrator, and within ten (10) additional
iys after their selection, the two (2) aribtrators shall select
third arbitrator The hearing shall be conducted within fifteen
5) days after the nomination of the third arbitrator and shall
restricted to matters relative to that stated in the notice
questing arbitration . Each entity shall be given an Opportunity
be heard and to present evidence Within ten (10) days after
e conclusion of the hearing or hearings, the arbitrators shall
ate their findings of fact, conclusions of law and decision in
iting, and shall sign the same and deliver one signed copy
ereof to each entity Such decision or award shall be final and
ading upon the GOVERNING BOARD, and upon each entity. A ma3ority
it
1
findinq shall govern if the arbitrators ' determination is not unanimous The
2 aggrieved entity, and the GOVERNING BOARD, shall each pay the expenses of
3 their respective arbitrators The costs and expenses of the third arbitrator,
4 and the administrative costs of arbitration shall be shared equally between
5 the aggrieved entity and the GOVERNING BOARD. Each party shall pay its own
6 attorney fees
7 ARTICLE IX - TERMINATION
S SECTION 9 01 TERM. This Agreement shall be dated the date of execu-
9 tion of this Agreement by the last of the five parties hereto that executed
10 this Agreement and shall be effective on the date hereof and shall continue
11 until rescinded or terminated by agreement of all of the parties hereto
12 SECTION 9 02 DISPOSITION OF ASSETS. On the termination of this
13 Agreement, all surplus money of the AUTHORITY shall be returned to the res--
14 pective parties hereto in the same proportion that the total of all amounts
15 paid by each party hereto, pursuant to ARTICLE VII hereof, during the term of
16 this Agreement, bears to the total of such amounts paid by all the parties
17 hereto On theTtermination of this Agreement, all property of the AUTHORITY ,
18 both real and personal , shall be divided among the parties hereto in such
19 manner as shall be agreed upon b the termination
g p y parties hereto upon/of this Agreement or
20 as determined by arbitration as herein provided, and, until such division is
21 agreed upon or otherwise determined by arbitration, shall be held in trust by
22 the Treasurer for all the parties hereto.
23 ARTICLE X - MISCELLANEOUS PROVISIONS
24 SECTION 10.01 NOTICES. Notices hereunder shall be sufficient if
25 delivered to
26 --- ---
27 --- ---
28 --- ---
- 19 --
1 CITY OF FONTANA
City Hall
2 8353 Sierra Avenue
Fontana, California
3
CITY OF RIALTO
4 City Hall
150 S. Palm Avenue
g Rialto, California 92376
6 CITY OF COLTON
City Hall
7 650 N LaCadena Drive
Colton, California
8
CITY OF SAN BERNARDINO
9 City Hall
300 N "D" Street
10 San Bernardino, California
11 CITY OF REDLANDS
City Hall
12 Redlands , California 92373
13 SECTION 10 02 AMENDMENT OF AGREEMENT This Agreement may be amended
14 by an agreement approved by all of the entities hereto Approval of the
15 GOVERNING BOARD of the AUTHORITY shall not be required for amendment of this
16 Agreement
17 SECTION 10 03 PARTIAL INVALIDITY. If any one or more of the terms ,
19 provisions, sections promises, covenants or conditions of this Agreement shall
19 to any extent be adjudged invalid, unenforceable, void or voidable for any
20 reason whatsoever, by a court of competent jurisdiction, each and all of the
21 remaining terms, provisions, promises, covenants and conditions of this Agree-
22 ment shall not be affected thereby, and shall be valid and enforceable to the
23 fullest extent permitted by law
24 SECTION 10 04 HEADINGS The section headings in this Agreement are
25 for convenience only and are not to be construed as modifying or governing the
26 language in the section referred to
27 SECTION 10.05 CONSENT Whenever in this Agreement any consent or
28 approval is required, the same shall not be unreasonably withheld
- 20 -
1
r
I SECTION 10 06 LA'J GOVERNING This Agreement is made in the State of
2 California under the constitution and laws of such State and is to be so
3 construed.
4 SECTION 10.07 SUCCESSORS., This Agreement shall be binding upon and
5 shall inure to the benefit of the successors of the parties.
6 IN FITNESS WHEREOF, the parties hereto have caused this Agreement to
7 be executed and attested by their proper officers thereunto duly authorized,
8 and their official seals to be hereto affixed, as of the day and year first
9 above written
10
CIT�OFNA
12 B
13 A7TE.ST Frank Horzon , Mayor
14
15 Patricia M. Murray, City Clerk CITY OF RIALTO
(SEAL) ;
16 By
17 ATTES
18
19 (SEAL) CITY OF COLTON
20
21 ATTEST FRANK A G JV ALE , Mayor
22 7r
HELEN A. RAMOS , City Clerk
23 (SEAL) CITY OF SAN BERNA
24 B
25 ATTEST• Iv n t,Bf:13„ t 1T C! � s Mavox
26Y��z�ii.�/, . �
27 (SEAL) CITY OF REDLANDS
28 ATTEST• By,
-� BY
(SEAL) - 21 -
td
" RESOLUTION NO. 3864
RESOLUTION OF THE CITY COUNCIL AUTHORIZING
THE CITY OF COLTON TO ENTER INTO A JOINT
POWERS AGREEMENT FOR THE IMPLEMENTATION OF
3 THE ECONOMIC DEVELOPMENT ACT PROGRAM
WHEREAS, the Five-Cities of Colton, Redlands, Fontana, Rialto, and
5 San Bernardino have been awarded an Economic Assistance Grant under Title IX,
6 Section 903 of the Public Works and Economic Development Act of 1965, as
7 amended, and,
8 WHER-EAS, the Joint Powers Agreements by the provision of Title I ,
9 Division 7, Chapter V, (commencing with Section 65000) of the Government Code
10 of the State of California, authorize the Joint exercise by agreement of the
11 two or more public agencies of any power common to them, and,
12 WHEREAS , the special terms and conditions of said grant require the
13 grantees to submit a Joint Powers Agreement, and,
14 WHEREAS , the purpose of said agreement is to establish a body to
15 or carry a plan of economic adjustment for any of the following
16 .Vlanning, technical assistance, research, training, public facilities, public
17 services; or other appropriate assistance to carry out an approved plan for the
18 Five-Cities` area.
19 NOW, THEREFORE, BE IT RESOLVED that (1 ) the City of Colton is
20 , authorized to enter into a Joint Powers Agreement establishing the Five-City
i
J*-- Econo,nic Development Authority; (2) the Mayor/City Council member. Mayor
22 Frank A. Gonzales is appointed as a voting member of the Governing
23 Board, and is authorized to serve as defined in the Joint Powers Agreement of
24 the Five-City Economic Development Authority to represent the City of Colton;
•
25 (3) appoints the City Manager or his designee as staff representative to serve
26 the Governing Board
27 PASSED, APPROVED, and ADOPTED this 3rd day of October 1978•
28
Resolution No. 3864
3.
2i,
i
3 '
4 —Iv
-
5 FRANK A. GONZAE.ES, ayor
6
7
8
9 ATTEST.
10
a 7 f, �
/EAI—AMIOS, City Clerk
32
33
34
15
16
17
18
19
20
21
22
23
24
25
26
27
28
i
b
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
2 CITY OF COLTON )
3 ,
4 I , HELEN A RAMOS , City Clerk of the City of Colton,
California, DO HEREBY CERTIFY that the foregoing Resolution was
5 duly adopted by the City Council of said City and was approved
by the Mayor of said City at a regular meeting
6 of said City Council held on the 3rd day of October ,
1978 , and that it was so adopted as follows
7
8 AYES- Councilmen Hayes, Cisneros, Rehrer, and Mayor
Gonzales.
9 `
'OES : Councilmen None
10
11 ABSENT Councilmen None
12
13 (SEAL)
City Clerk of the City of Colton,
14 California
16
16 STATE OF CALIFORNIA } `
COUNTY OF SAN BERNARDINO ) ss
17 CITY OF COLTON )
18
19 1 , HELEN A PUMOS , City Clerk of the City of Colton,
California, DO HEREBY CERTIFY that the above and foregoing is
20 a full, true and correct copy of Resolution No 3884 and
that the same has not been amended or repealed.
21 1
22 DATED. October 4 19 78•
23
24 (SEAL) I ,cJ
City Clerk of the City of Colton,
25 California
26
27
28
NEW BUSINESS
Appointment
On motion of Councilman Knudsen, seconded by Councilman
City Riordan, Mr. Chris Christiansen was formally and unani-
Manager mously appointed City Manager of the City of Redlands
to be effective as soon as possible.
Resolution No. 3530, a resolution of the City Council
Resolution approving the application for Grant Funds available
No. 3530 under the State Litter Control Recycling and Resource
Grant Recovery Act of 1977 and authorizing the City Manager
Funds as agent for the City in all of the negotiations, was
unanimously adopted on motion of Councilman Knudsen,
seconded by Councilman Elliott.
Resolution No. 3531, a resolution of the City Council
authorizing the City of Redlands to enter into a Joint
Joint Powers Powers Agreement for implementation of economic develop-
Agreement ment action program, and appointing Councilmember
Economic Elliott as a voting member, Councilman Riordan as a
Development " ,.-deputy to the designated Councilman, and Judy Jorgensen
T Action as staff representative for the City of Redlands to
serve on the Governing Board, was unanimously adopted
on motion of Councilman Knudsen, seconded by Councilman
Riordan.
Resolution Resolution No. 3532, a resolution of the City Council
No. 3532 renaming a portion of Eucalyptus Drive to become
Franklin Ave. Franklin Avenue, was unanimously adopted on motion of
Councilman DeMir]yn, seconded by Councilman Knudsen.
Resolution Resolution No 3533, a resolution of the City Council
No. 3533 amending the salary schedule and compensation plan for
Salaries the City, pertaining to redesignations within the Plan-
Planning ning and Community Development Department and personnel
Police additions in the Police Department and Public Works
Public Works Department, was unanimously adopted on motion of Council-
man DeMirjyn, seconded by Councilman Knudsen.
Ordinance No. 1663 which amends the City Code relating
Ordinance to the Uniform Fire Code and Ordinance No. 1664 which
Nos 1663 amends the City Code regarding swimming pool fencing
1664 were given first reading of the title and laid over
First Reading under the rules with public hearing set for the Council
meeting of October 17, 1978, at 7: 00 P.M.
Councilman Knudsen presented pictures of the accident
which occurred on the night of September 17, 1978 on
Highland Avenue and LaSalle Street, in which a car
Page four -
October 3, 1978
RESOLUTION NO. 3531
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY OF REDLANDS TO
ENTER INTO A JOINT POWERS AGREEMENT FOR IMPLEMENTATION OF THE ECONOMIC
DEVELOPMENT ACTION PROGRAM.
WHEREAS, the five cities of Redlands, Fontana, Rialto, Colton, and
San Bernardino have been awarded an Economic Assistance Grant under
Title IX, Section 903 of the Public Works and Economic Development Act
of 1965, as amended, and
WHEREAS, joint power agreements by the provisions of Title 1, Divi-
sion 7, Chapter 5 (commencing with 65000) of the Government Code of the
State of California authorizes the joint exercise by agreement of two or
more public agencies of any power common to them; and
WHEREAS, the special terms and conditions of said grant require the
grantees to submit a joint powers agreement; and
WHEREAS, the purpose of said agreement is to establish a body to
develop or carry a plan of economic adjustment for any of the following:
planning, technical assistance, research, training, public facilities,
public services, or other appropriate assistance to carry out an approved
plan for the five cities area,
NOW, THEREFORE, BE IT RESOLVED THAT•
1 The City of Redlands is authorized to enter in a joint power
agreement establishing the Five-City Economic Development
Authority;
2 . Councilmember Warren R. Elliott is appointed as a voting
member of the governing board and authorized to serve as de-
fined in the Joint Powers Agreement of the Five-City Economic
Development Authority to represent the City of Redlands,
3_ Appoints Barbara Cram Riordan as deputy to the designated
Councilmember, and
a. Appoints Judv L. Jorgensen _ as staff representative for the
City of Redlands to serve the Governing Board.
ADOPTED, SIGNED AND APPROVED this 3rd day of October, 1978
s/ Oddie J. Martinez , Jr
ATTEST: Mayor of the City of Redlands
s/ Peggy A. Moselev
City Clerk