HomeMy WebLinkAboutContracts & Agreements_13-1973 s a
+M AGREEJffi_-'NT FOR THE JOINT EXERCISE
OF POWERS REL-ATIVB TO THE
SAN BERNARDIAO ASSOCIATED GOVERiN�-MNTS
This agreement is entered into by and between the County of
San Bernardino , a political subdivision of t;ie State of California,
heieinafter referred to as COUNTY, and the City of Adel.anto , a
municipal corporation, the- City of Barstow, a municipal corpoiatzon ,
the City of Chino , a' mtinicipal corporation , the City of Colton , a
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municipal corporation, the City of Fontana, a municipal corporation,
the City of Loma Linda, a municipal corporation , the City of Montclair ,
a municipal corporation , the City of Needles , a chaster city, the
City of Ontario , a municipal corporation , the Cxty of Redlands a
municipal corporation , the City of_ Rialto , a municipaJ corporation,
the City of San Bernardino , a chaster city , the City of Upland , a
municipal corporation , and the City of Victorville , a muriicipal cor-
poration , here2.naEter referred to as CITIES
The par ties hereto declare as io=los'
1. 1VHE.CAS , each party to this acrioement is a public agency
and is au,.horized to enter into this agreement , and
2. JVHERF,AS , the parties recognize a need foi an organizational
framewoik through which they may explore and study coaatywide and
regaona.l problems affecting each of them and through whj ch they may
effect im-proved intergovernmental cooperation through tl�e acc;{mula .ion
of informational materials and the use of advisory committeas and
thereby increase the overall quality of governmental services , and.
3 WHER AS , manj cities in San Bernardino Couait.y have
established and maintained membersazip in the Southern California Asse
ciation of Governments over a period of years and have no plan at the
Present tame of Oropping this membership and
4. WHEREAS , the parties believe that such an organization as
The San Bernardino Associated Governments (SANBAG) can provide an
effective means of resolving County-wide governmental service problems .
NOW, THEREFORE , the parties hereto agree as follows -
EFFECTIVE DATE
1. This agreement shall become binding upon each party hereto
upon execution hereof by that party
PURPOSE OF AGREEMENT
2. The purpose of this agreement is to improve and coordinate
governmental services on a countywide and regional basis through the
,
establishment of a cooperative association of governments . This cooper-
ative association shall be known as the San Bernardino Associated
Governments , hereafter also known as SANBAG. The San Bernardino
Associated Governments shall perform all necessary functions to fulfill
this purpose including, but not limited to , the following
a. Serve as a forum for consideration, study and recommenda-
tion on countywide regional problems .
b. Assemble ' information helpful in the consideration of
probleTvs peculiar to the various areas of the Ceunty.
c. Explore all practicable avenues for intergovernmental
cooperation in the interest of local public welfare and improve
administration of governmental services .
COMMON POWERS TO BE EXERCISED
3. Common powers to be exercised pursuant to this agreement
are the powers to • s
a. E8tablisn advisory committees ,
b Initiate studies to provide information helpful and
necessary to the consideration of problems and proposed services to
be rendered by the parties ,
c. Explore possible areas of intergovernmental cooperation,
and
d Make and enter into contracts to accomplish the purposes
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what is now known as the West Valley Planning Agency area, two city
Mayors or Councilmen from what is now known as the East Valley Planning
Agency area, two city Mayors or Councilmen from what is now known as
the Mountain-Desert Planning Agency area; and three county Supervisors ,
with one being selected from each of the three planning areas listed
above. The Board of Supervisors may also elect an alternate supervisor.
No city shall have more than one delegate on the Executive Board. The
city representatives shall be selected by and from the respective city
members of the General Assembly from each area.
The Executive Board shall be empowered by the General Assembly
to execute the business affairs of SANBAG and to carry out such
administrative policies as may be granted to it by a majority of the
General Assembly.
There shall be established a Technical Advisory Committee to
the Executive Board consisting of two administrative representatives
of the County Administrator' s Office and two City Administrators from
each of the three planning areas designated above
STAFFING AND MANAGEMENT
6. The regular staffing and management of SANfl�,G shall be
separate and apart from any county department or agency or employees
therefrom, and from any city department 's agencies or employees
therefrom. The management staff shall be selected and appointed by
the Executive Board. SANBAG may request assistance from the staff
of any signatory, and such assistance shall not be unreasonably refused.
FUNDS AND PROPERTY
7 The Treasurer of San Bernardino County shall maintain in a
separate trust account all funds received by the San Bernardino Asso-
ciated Governments Such funds shall be expended only in furtherance
of the purposes of this agreement and pursuant to procedures therefore
established by the General Assembly, and standard accounting practices
shall be used to account for funds received and disbursed. There shall
be a strict accountability of all funds . The account books shall. be
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of this agreement.
Common powers shall be exercised to aid, assist , extend, and
improve the intergovernmental cooperation and information of the
parties .
AMINISTRATION OF THE AGREEMENT
4 The San Bernardino Associated Governments is hereby
formed, and pursuant to the provisions of Government Code Section
6506 , is designated as the agent to exercise the common powers
provided for in this agreement and to administer or otherwise execute
this agreement. The San Bernardino Associated Governments shall do
whatever is necessary to carry out the purposes of this agreement and
shall make and enter into such contracts , incur such debts and
obligations , make assessments against its members , and perform such
other acts as are necessary to the accomplishment of the purposes of
this agreement. The San Bernardino Associated Governments shall
constitute a separate public entity pursuant to the provisions of
Government Code Section 6507.
The San Bernardino Associated Governments shall be governed
by a General Assembly. The membership of the General Assembly, shall
consist of the members of the Board of Supervisors of the County of
San Bernardino and of a representative , who shall be either the mayor
or a councilman , from each signatory city. Each member of the General
Assembly shall have a vote A quorum shall consist of a majority of
the membership of the General Assembly , and the General Assembly shall
act only upon a majority vote of the membership present with a quorum
in attendance , provided, however, that bylaws and amendments and such
procedures as it may find appropriate to govern its functions shall
require a majority vote of the entire membership of the General. Assembly
EXECUTIVE BOARD
S. The San Bernardino Associated Governments shall have an
Executive Board composed of nine members The Executive Board shall
be composed of two city Mayors or Councilmen elected by cities from
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open at all times during normal business hours to the inspection of
any authorized representative of any party to this agreement.
The San Bernardino Associated Governments shall be operated
on a fiscal year basis beginning on July 1 of each year and continuing
until June 30 of the succeeding year A qualified auditor shall be
selected by the General Assembly. The auditor may be , but need not be ,
the Auditor of San Bernardino County The auditor selected shall
perform an annual audit of the financial operations of the Association
and shall prepare a statement of assets and liabilities , a statement
of receipts and disbursements , and such other statements and reports
as may be required by the General Assembly A copy of the audit shall
be disbursed to the parties to the agreement.
prior to May 15 of each year, the General Assembly shall adopt
a final budget for the expenditures of the Association during the next
fiscal year.
FINANCING AND BUDGET
8. It shall be the responsibility of the Executive Board to
have prepared an annual working budget to be submitted to the General
Assembly for its consideration The General Assembly shall determine
and approve the final budget for the year.
During the period that the 1956 sales tax bond redemption
agreement between County and contributing Cities remains in effect ,
general funds for the administrative costs and operation of SANBAG shall
be provided by County from those sales tax revenues contributed under
such agreement which are in excess of bond redemption requirements . Any
signatory Cities not participating in the sales tax bond redemption
agreement shall make pro-rata contributions to the SANBAG budgetary
requirements computed by the formula set forth in Paragraph 9 of this
Agreement.
Upon termination of the 1956 sales tax bond redemption program,
contributions of all parties hereto shall be computed by the formula
set forth in Paragraph 9 of this Agreement.
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ASSESSN ENTS
g. In preparing the budget , the General Assembly shall
letermxne whether additional assessments appear to be necessary. If
,o , such additional assessments shall be computed on a formula whereby
me-half of such assessment shall be based on the population of each
,ignatory member and one-half on the assessed valuation of each szgna-
�ory member, the County' s share being based on the population and
}ssessed valuation within the unincorporated territory only. Each
party shall be informed of its estimated assessment by April 1. After
the final budget becomes effective , the General Assembly shall deter-
mine the precise amount of the additional assessment , if any may be
necessary , and the parties shall be so informed. Assessments shall
be payable on or before August 1 for the fiscal year starting July 1.
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In addition to the additional assessments as computed in the
preceding paragraph , advances from the public funds of the parties �
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hereto may be made for the purposes set forth in this agreement When
such advances are made , they shall be repaid from the first available
funds .
The General Assembly shall have the power to authorize utili-
zation of personnel , equipment , or property of one or more of the
parties to this agreement in complete or partial satisfaction of such
party' s obligations to pay assessments or make advances .
All assessments or other monetary obligations hereunder shall
be paid to the Association and shall be disbursed by a majority vote
of the General Assembly.
ADDITIONAL PARTIES
10 Any incorporated city within the county may 3osn the
Association. Any such city so joining shall become subject to the
terms of this agreement and shall be entitled to representation on the
General Assembly as provided herein The General. Assembly shall
establish such conditions for entry int-o the Association as will be
fair to the new member and to all other members to this agreement.
The governing board of the incorporated city that seeks to join the
Association Sbal l subscr-Lb(, to :his agreement' .
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WITHDRAWAL
11. Any party hereto may withdraw from the Association by
resolution of its governing body. Such withdrahral shall be made prior
to May 1 of any year and shall be effective only as of July 1 of the
year withdrawal is made. If the debts and obligations of the Asso-
ciation exceed its assets and anticipated income at the time of with-
drawal. , withdrawal may be effected only after payment by the with-
drawing party of its proportionate share of the net debt and obliga-
tions of the Association.
TERMINATION
12 . This agreement may be terminated by resolutions of the
governing board of a malorzty of the parties to this agreement. The
decision to terminate must be made prior to May 1 of any year
Termination shall become effective only upon July 1 of the year
termination is voted Upon termination, all such claims against the
Association shall be paid and the remaining assets distributed among
the parties who have been members of the Association in proportion to
the total contr-ibutions made by such parties to the Association
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