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HomeMy WebLinkAboutContracts & Agreements_43A-1978REGULAR MEE` ING RIALTO CITY COUNCIL --MAY 8, 1979 A regular meeting of the Rialto City Council was held in the Council Chambers at 150 South Palm Avenue, Rialto, CA, on May 8, 1979. ROLL CALL The roll was called and the following Councilme€nbers answered present: Mayor Pro Tempore Gerald R. Eaves, Councilman Marvin T. Sawyer, Council- man John Longville and Councilman. Sam V. Curtis. Mayor Elvin R. Meek was absent. Also present at the Council table were City Administrator Walter Pudinski, Assistant City Attorney Marjorie Christell, and City Clerk Joseph H. Sampson. CONSENT C. Joint Powers of Agreement for Implementation of Econcmic Development CALENDAR Action Program - Deletion of Sentence and Appointment of New Alternafi to Five Cities Economic Development Authority. Motion by Councilman Sawyer, seconded by Councilman Curtis and carried bj unanimous vote to approve the Consent Calendar as presented above, and tc reject and refer Items J-1 and J-2 to the City's insurance carrier and the City Attorney. ADJ0UFdZ1ENT Motion by Councilman Longville, seconded by Councilman Curtis and carries by unanimous vote to adjourn the meeting. The meeting adjourned at 9:10 P.M. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) § CITY OF RIALTO ) I, BARBARA J. NIC MULLEN, Deputy City Clerk of the City of Rialto, DO HEREBY CERTIFY that the foregoing is a true and exact excerpt of the Council Minutes of the Rialto City Council meeting held on May 8, 1979. WITNESS MY HAND AND THE OFFICIAL SEAL of the City of Rialto this fifteenth day of May, 1979,RA2RARA J. MC , Deputy City Clerk i May 3, 1979 � l F TO: Honorable Mayor & City Council FROM: W. Pudi-nsVi , City Administrator SUBJECT• Joint Powers Agreement for Implementation of Economic Development Action Pro ram - Deletion of Sentence and \Appointment of New Alternate to Five Cities Economic Development Authority The attached agreement was approved by the City of Rialto on October 3, 1978. However, on page '15 of the original agreement on lines 19 and 20 was a sentence which stated, "The cash portions of such contributions shall be not less than $1,000 nor more than $2,000." As the five titles involved in this agreement wish to claim in -kind (non -cash) contributions toward their share of the planning grant, the above sentence has been deleted from page 15. RECOMMENDATION: That City Council approve the deletion of the sentence on page 15, lines 19 and 20 which states, "The cash portions of such contributions shall be not less than $1,000 nor more than $2,000," from the Joint Powers Agreement for Implementation of Economic Development Action Program. Previously Councilman Gerald Eaves and Lynette Worsham were serving as the City of Rialto's voting and alternate representatives respectively for the Five Cities Economic Development Authority. As Ms. Worsham has subsequently terminated her employment with the City of Rialto, it is requested that Patricia Harsany be appointed as Rialto's alternate representative. RECOMMENDATION: That Patricia Harsany be appointed as Rialto's alternate representative to the Five Cities Economic Development Authority. W.Pudinski PH attachment CITY OF COLTON f-,► April 25, 1979 City Clerk Mr. W. E. Coombs City Attorney of Rialto Attn: Ruth King, Secretary 225 South Riverside Ave. Rialto, Ca., 92376 Dear Ms. King: Enclosed herewith .is City of Colton Resolution No. 3907, passed by the City Council approving the change recommended on Page 15 of the original Joint Powers Agreement for implementation of the Economic Development Action Program. Very truly yours, HELEN A. RAMOS City Clerk enc: 1 COLTON CIVIC CENTER 650 NORTH LA CADENA DRIVE COLTON, CALIFORNIA 92324 (714) 825-31 10 SISTER CITY • CANANEA, SONORA, MEXICO l RESOLUTION NO. 3907 I 2 i RESOLUTION OF THE CITY COUNCIL OF THE CITY OF i COLTON APPROVING AMENDMENT TO THE JOINT POWERS 3 ' AGREEMENT FOR IMPLEMENTATION OF THE ECONOMIC 4 DEVELOPMENT ACTION PROGRAM. 5 WHEREAS, the City Council of the City of Colton did consider the !deletion of a sentence, appearing on lines 19 and 20 of Page 15, of the original 6 :. 7 Joint Powers Agreement for implementation of the Economic Development Action ,!Program, namely, "The cash portions of such contributions shall be not less than 915!$1,000 nor more than $2,000." 10 ! NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 11 !Colton that said amendment is hereby approved. 12 PASSED, APPROVED and ADOPTED this 17th day of April, 1979. 13� 14' FRANK A. GON ALE Mayor 15 ATTEST: 16 17 HELEN A. RAMOS 18 P ty Clerk 19; 20 23. 22 23 24 25 26 ' 27 ; 28 i I' 3, 2 4 5' f 6 7 9 10 . 11 12 13 14 16 .16 :* 17 18 � C3 20 21 22 23 24 25 26 27 STATE OF CALIFORNIA I COUNTY OF SAN BERNARDINO) ss . CITY OF COLTON ) Ir HELEN A. RAMOS, City Clerk of the City of Colton, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said City and was approved by the Mayor of said city at a� regular meeting of said City Council held on the 17th day of Aril 19 79 , and that it was so adopted as follows: A S: Councilmen Hayes, C7_sneros, Rehrer, 'Temby and Mayor Gonzales. NOES: Councilmen - None. ABSENT: Councilmen - None. (SEAT,) I/ < _ __ �.._. City Clerk of the City of Colton, California STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss . CITY OF COLTON I. HELEN A. RAMOS, City Clerk of the City of Colton, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 3907 , and that the same has not been amended or repealed. DATED: April 24 r 1979 (SEAL) . City Clerk of the City of Colton, California 2 CITY OF SAN BERNARDINO MEMORANDUM From Shauiaa clar,7'�� To C0Un0-'LL-"1a!-z Iklard S. 14heele-rc Jr. Aotin( Subject Date �; City Cer, l',- EcOnO'MiC DeVeloi-allent Autlaority 26, 1979 to Joint Powers Agreement Approved Date On 11�xy 21,p 1979s, the fom itaR i. ry esende _v, � t Der U y Dir�Ctor 0z 'Che that ti'le city Couiic;il approve a correuted version ug the Zive cities Eco_ 110mic Development Authority Joint Powers Agreement &dopteci by Resolution No. 13457 on Otto 2. 1978# was approved as follows: Deletion of Line 19 and 20, Page 15# which readsi "The cash portions tf such contributions shall be not less than $1,000 nor more than $24000"; and insertion of: "The several cities signatory hereto shall each contribute to the authority the sum of one -twentieth Of UIG tOtal Planning grant either in 0ash or in in -kind services on or before completion of said planning phaseo. cc., Ray Resendez City Attorney AGENDA ITEM for Council Meeting of May 1, 1979 (Date) SUBJECT: Five Cities Economic Development Authority (FCEDA) SUBMITTED BY: Name Judy L. Jorgensen Dept. Planning and Community Development EXPLANATION: The City Council of Redlands adopted Resolution 3531 October 3, 1978, appointing members to the FCEDA Board and authorizing a joint powers agreement to be signed. Pursuant to the request of the Board, I am enclosing a new page 15 deleting the sentence appearing on lines 19 and 20 to read as originally approved by the City Council. The correction has been made by W. C. Coombs, Attorney to Five Cities Economic Development Authority. City Council action approving the correction is requested. enc. (Supporting material to be attached) 1 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 27 28 construction'of'each public portion•of'PROJECT PROGRESS and final acceptance thereof by the GOVERNING BOARD, the AUTHORITY may ,operate and maintain said p lic project, with its own personnel, by contract with one or more of the•partie thereto, or by contract with a third party, as determined by the GOVER3lING MARE,' or transfer the ownership; operation and maintenance to one of the parties here as may be most consistent with the power and jurisdiction of such party. Pro- vided, however, that no such transfer shall be made by the AUTHORITY in violatio of any grant condition or regulation imposed by any federal or state agency tha4 provided financial assistance for said project. However, AUTHORITY agrees to r quest approval and consent to make such --transfer in those instances where it is deemed to be consistent with the long range purpose and intent of this Agreeme and'where such transfer would be in the best public interest. ARTICLE VII - FINANCIAL PROVISIONS SECTION 7.01. FISCAL YEAR. The fiscal year of the AUTHORITY shall be from July 1 of each year to and.including June 30 of the following year. SECTION 7.02. CONTRIBUTIONS. The several cities signatory hereto shall'. each contribute to the AUTHORITY the sum of one -twentieth (1/20) of the total Planning Grant amount in cash or in in -kind services on or before completion of said Planning Grant phase. Any financial contributions other than set forth above shall be made only upon official action by the governing board of such party hereto as may desire to make any further or additional contribution to ithe AUTHORITY. The expenditure of funds contributed to the AUTHORITY by the parties hereto shall be used only for ordinary administrative and operating expenses of the AUTHORITY, as referred to in the Economic adjustment Grant Terms and Condi- Itions, and for payment of fees and costs incurred or to be incurred by the IORITY in connection with the preparation, filing and processing of one or more -- 15 - 1 2 3 4 5 6 7 8- 9' 10 11 12 13 14 15 16 17 22 23 24 25 26 27 29 construction of each public portion of PROJECT PROGRESS and final acceptance thereof by the GOVERNING BOARD, the AUTHORITY may operate and maintain said pub jC lic project, with its own personnel, by contract with one or more of the partie thereto, or by contract with a third party, as determined by the GOVERNING BOAR[, or transfer the ownership, operation and maintenance to one of the parties hereto as may be most consistent• with the power. and jurisdiction of such party. Pro- vided, however, that no such transfer shall be made by the AUTHORITY in violati n of any grant -condition or regulation imposed -by any federal or state agency tha provided financial assistance for said project. however, AUTHORITY agrees to re quest approval 'and consent to make such transfer in those instances where it is deemed to be consistent with the long range purpose and intent of this Agreement and where such transfer would be in the best public interest. ARTICLE VII -- FINANCIAL PROVISIONS SECTION 7.01. FISCAL YEAR. The fiscal year of the AUTHORITY shall be from July 1 of each year to and including June 30 of the following year. SECTION 7.02. CONTRIBUTIONS. The several cities signatory hereto shall each contribute to the AUTHORITY the sum of one -twentieth (1/20) of the total Planning Grant amount in cash or in in -kind services on or before completion ofl ;said Planning Grant phase. The cash portions of such contributions shall be not i less than $1,000 nor more than $2',000) Any financial contributions other than set forth above shall be made only upon official action by the governing board of such party hereto as may desire to make any further or additional contribu-- Ition to the AUTHORITY. The expenditure of funds contributed to the AUTHORITY by the parties - hereto shall be used only for ordinary administrative and operating expenses of the AUTHORITY,- as referred -to in -the Economic adjustment Grant Terms and Condi- tions, and for payment of fees and costs incurred or to be incurred by the AUTH ORITY in connection with the preparation, filing and processing of one or more CITY MANAGER City Manager Christiansen requested Council authorization Bid Call to advertise for bids for construction of Sessums Drive from 1/4 to 1/2 mile west of Wabash Avenue, a budgeted Sessums Gas Tax Project. On motion of Councilman DeMirjyn, sec - Drive onded by Councilman Elliott, the City Clerk was authorized to advertise for this construction. Also requested was authorization to advertise for bids Bid Call for construction of the southwest corner of Tennessee Street and Park Avenue. On motion of Councilman DeMirjyn, Tennessee St. seconded by Councilman Elliott, the City Clerk was And authorized to advertise for bids for the construction Park Avenue of the corner of Tennessee Street and Park Avenue by AYE votes of all present. Appointments Appointments: On motion of Councilman Knudsen, seconded by Councilman. DeMirjyn, Rose Ramos and John Taylor were appointed to the Community Advisory Board by AYE votes of all present. Dick Weber, Joe Gonzales, Olive Anderson, and Anita Dimery were reappointed to the Citizen Participation Advisory Committee. Ruth Patton is unable to continue serving, and Gordon Lloyd was appointed to serve in her place. These appointments were made by AYE votes of all present on motion of Councilman Elliott, seconded by Councilman DeMirjyn, and letters of appointment and appreciation authorized over the Mayor's signature. Correction On motion of Councilman Knudsen, seconded by Councilman To DeMirjyn, the deletion of lines 19 and 20, page 15, of Agreement the agreement in connection with the Five Cities Economic FCEDA Development Authority, a Joint Powers Agreement, was authorized by City Council, by AYE votes of all present. On motion of Councilman Knudsen, seconded by Councilman DeMirjyn, authorization was given for Mr. Glenn Emmerson to sign a standard improvement agreement to be recorded Agreement with the property in connection with the requirement for Emmerson installation of a reinforced concrete -type drain which runs along the back line of his business at the south-- west corner of Brookside Avenue and Center Street. This recommendation by the Public Works Department was adopted by AYE votes of all present. Page six - May 1, 1979 T, Peggy A. Moseley, City Clerk of the City of Redlands, do hereby certify that the attached Joint Powers Agreement j"ol Implementation of Economic Development Action Program is a full, true and correct copy which is on file in my office as a matter of record. April 5, 1979 -� ity Cit of Redlands v • 1 Five original counterparts one each to 1 Rialto, Colton, Fontana, Redlands, San Bernar lino. 2 JOINT POWERS AGREEMENT FOR IMPLEMENTATION OF 3 ECONOMIC DEVELOPMENT ACTION PROGRAM 4 THIS JOINT POWERS AGREEMENT, is made and entered into this day 5 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- 7 tion, hereinafter referred to as "RIALTO", the CITY OF COLTON, a municipal S corporation, hereinafter referred to as "COLTON", and CITY OF SAN BERNARDINO, 9 a charter city, hereinafter referred to as "SAN BERNARDIN O", 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, 25 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 - 1 - I 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 public and private economic development programs 4 and projects, presents prob.lems.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 joint effort arising from the Memorandum of Under-- 7 standing of duly 28, 1978, the U.S. Department of Commerce, Economic Developmeni 8 has offered to the parties (represented by Fontana), Economic Adjustment Grant g No. 07y-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 di cti ons. 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 meeting 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 in 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. 28 --- --- 2 r 1 (g) This Joint Powers Agreement is authorized by the provisions of 2 Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government ti 3 Code of the State of California which authorizes the joint exercise by agree- 4 ment 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 ing 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 including the following 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, -- 3 - 1 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 27 28 and including the further detailed planning, designing, engineering, contrac- tion, leasing, selling, operation and maintenance of the specific facilities and projects described in said Plan and Report, or that portion of such functions, services and activities as are within the legal power and authority of one or all of the parties hereto, and further including all legal, adminis- trative, financial and technical services and activities connected therewith. SECTION 1.09. DIRECTOR. A'Director may be duly'appointed by the'Gover ping Board of the Authority and shall'riot be a -member of the Governing Board. ARTICLE II PURPOSE SECTION 2.01. PURPOSE. It is the purpose of this Agreement to provi a united, coordinated, orderly, positive and effective means for implementing and carrying into execution an Economic Development Action Plan and Strategy for the general benefit of all of the people of the five cities which are parties hereto, as such Plan and Strategy is more particularly described in this area's PROJECT PROGRESS program outlined in said Economic Development Action Plan and Strategy to be prepared with federal financial assistance provided by the Economic Development Administration under Title IX of the Public Works and Economic Development Act of 1965. This AUTHORITY is vested with power (1) to effectively implement, coordinate and administer the Economic Development Action Plan and Strategy above referred to, in accordance with the purpose and intent of the Special Economic Development and Adjustment Assistance Program enacted by Congress in 1974 as Title IX of the Public Works and Economic Development Act of 1965, as amended; and (2) to establish appropriate operating committees and special commissions to assist the AUTHORITY in carrying out the foregoing purposes and to assist the AUTHORITY in implementing economic development projects and programs to improve the quality of life in the area. I. ARTICLE III, 2 FORMATION AND ORGANIZATION 3 SECTION 3.01. CREATION OF AUTHORITY. Pursuant to the ACT, there is 4 hereby created a public entity to be known as the "FIVE CITY ECONOMIC DEVELOP- 5 M ENT AUTHORITY", herein called "AUTHORITY". The AUTHORITY is a public entity 6 separate and apart from any or all of the component cities and, shall admini5te 7 this Agreement. g 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 I 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 power of the'AUTHORITY:shal.l 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 partie 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: -5� I 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FONTANA RIALTO GERALD R. EAVES,, Councilman COLTON FRANK A. GONZALES, Mayor SAN BERNARDINO RnIIWA T)g. i`TTRLFP. VTR. Councilman REDLAN DS B. A member of the City Council of any city which is a party here- to may be appointed and serve simultaneously as a member of the GOVERNING BOARD of the AUTHORITY.. C. No person, while serving as a member of the GOVERNING BOARD of the AUTHORITY, shall be eligible to be appointed to any salaried office or employment in the service of the AUTHORITY, nor shall such person become eligible for such appointment within one year after he has ceased to be a member of the GOVERNING BOARD of the AUTHORITY. D. The members of the GOVERNING BOARD of the AUTHORITY shall serve without compensation. This shall not affect in any way remuneration received by a local public official who, in addition to his responsibilities as a local public official, serves as a member of the GOVERNING BOARD of the AUTHORITY, or as a deputy to a member. All members of the GOVERNING BOARD of the AUTHORITY, or their duly appointed deputies, may be reimbursed for reasonable and neces- sary expenses incurred in the performance of their duties as such members. Re- imbursement of expenses shall be subject to approval of the GOVERNING BOARD of the AUTHORITY. SECTION 3.03. REGULAR MEETINGS. The GOVERNING BOARD shall provide for -6-- 1 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 27 2.8 its regular meetings; provided, however, that at least one regular meeting shall be held once each month. The date, hour and,place of the holding of regular meetings shall be fixed by resolution of the GOVERNING BOARD, and a copy of such resolution shall be filed with each party hereto. SECTION 3.04. RALPH M. BROWN ACT. All meetings of the GOVERNING BOARD including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the RALPH M. BROWN ACT (commencing with Section 54950 of the Government Code of the State of California). SECTION 3.05. MINUTES. The Secretary of the AUTHORITY shall cause to i !be kept minutes of the meetings of the GOVERNING BOARD and shall, as soon as I 'possible after each meeting, cause a copy of the minutes to be forwarded to each member of the GOVERNING BOARD and to -each member city. SECTION 3.06. QUORUM. Three (3) members of the GOVERNING BOARD shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn, from time to time; provided that the affirmative vote of at least two (2) members of the GOVERNING BOARD shall be necessary for the approval of any action of the GOVERNING BOARD. SECTION 3.07. RULES. The GOVERNING BOARD of the AUTHORITY may adopt, From time to time, such rules and regulations for the conduct of its meetings and affairs as are necessary for the purposes hereof. SECTION 3.08. OFFICE. The GOVERNING BOARD of the AUTHORITY may estab- lish and maintain an office within the area as it deems will best facilitate the accomplishment of the objectives and purposes of the AUTHORITY. SECTION 3.09. BOUNDARIES. The FIVE CITY ECONOMIC DEVELOPMENT AUTHORI shall encompass all of the territory within the geographical boundaries of the member cities provided, however, that such boundaries may be extended to incl lunincorporated territory by unanimous consent of the GOVERNING BOARD. - 7 - 1 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 27 28 ARTICLE IV - OFFICERS AND EMPLOYEES SECTION 4.01. CHAIRMAN, VICE-CHAIRMAN AND SECRETARY. The GOVERNING BOARD shall elect a Chairman and Vice -Chairman and shall appoint a Secretary who may, but need not, be a member of the GOVERNING BOARD. The officers shall perform the duties normal to said offices; and A. The Chairman shall sign all contracts on behalf of the AUTHORITY and perform such other duties as may be imposed by the GOVERNING :11'1 B. The Vice -Chairman shall act, sign contracts, and perform all of the Chairman's duties in the absence of the Chairman; and C. The Secretary shall countersign all contracts on behalf of the AUTHORITY, perform such other duties as may be imposed by the GOVERNING BOARD, and keep minutes of all meetings and cause a copy of the minutes to be fo ngard- ed to each of the members of the GOVERNING BOARD and to each member CITY. SECTION 4.02. TREASURER. The Treasurer of City of Fontana_,,, pis hereby designated as the Treasurer of the AUTHORITY and as the depositary Ito have custody of all the money of the AUTHORITY from whatever source. The Director of Finance of City Lif Ean±ana is hereby designated as the Auditor -Controller of the AUTHORITY. The Treasurer and the Auditor -Controller shall have the duties and obligations set forth in Sections 6505 and 6505.5 of the ACT and shall assure that there shall be strict accountability of all funds and report of all receipts and disbursements of the AUTHORITY. The City Council of the City whose Treasurer is serving as Treasurer of of the AUTHORITY shall determine the reasonable charges to be made against the AUTHORITY for the services of the Treasurer and Auditor -Controller. SECTION 4.03. BONDING PERSONS HAVING ACCESS TO PROPERTY. From time to time, the parties hereto shall designate the public officers or persons, in addition to the Treasurer and Auditor -Controller, having charge of handling or - 8 - 1 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 27 28 having access to any property of the AUTHORITY, and the respective amounts of the official bonds of the Treasurer and Auditor -Controller and such other persons pursuant to Section 6506.1 of the ACT. SECTION 4.04. LEGAL ADVISOR. The GOVERNING BOARD shall select, appoint employ and retain the legal advisor of the AUTHORITY, who shall perform such duties as may be prescribed by the GOVERNING BOARD. SECTION 4.05. OTHER EMPLOYEES. The GOVERNING BOARD shall have the pow- er to appoint and employ such other officers, employees, consultants, advisors and independent contractors as may be necessary for the purposes hereof. SECTION 4.06. COMPENSATION. The GOVERNING BOARD shall determine the compensation of, and pay from AUTHORITY funds (including payment from funds which the AUTHORITY may receive from time to time in the form of federal and state grants) the salaries, wages, fees and other compensation of such planning, engineering, legal, financial, or other techincal and orofe5sional personnel, consultants, and other employees of the AUTHORITY. SECTION 4.07. NON -CIVIL SERVICE. Nothing herein contained shall be co - strued as making the AUTHORITY a department of any city, or as placing any of the officers, counsel, personnel, or employees of the AUTHORITY under any form of Civil Service or merit system or under any other form of specially protecte employment right or status; excluding member city employees used as in -kind services. ARTICLE V - POWERS SECTION 5.01. GENERAL POWERS. The AUTHORITY created by this Agreement shall exercise in the manner hereinafter provided the powers common to each of the entities to this Agreement. As provided in the ACT, the AUTHORITY shall be a public entity separate from -the parties hereto. The AUTHORITY shall have the power to administer, carry out and implement an Economic Development Action Plan and Strategy for -g- I the member citie-s 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 for 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: 1g A. To make and enter into contracts; 19 B. To employ agents, employees, consultants, and independent 20 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 provid 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 10 1 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 27 28 power applicable to the five cities signatory hereto. An action to determine the validity of,any Contract may be brought pursuant to Chapter 9 (commencing with Section 860), Title 10, Part 2 of the Code of Civil Procedure of the State of California. F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of any or all of the cities signatory hereto. G. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or private, and expend such funds for the purposes set forth in this Agreement; H. To delegate portions of its functions to an advisory body or administrative entity for the purposes of program development, policy formula- tion or program implementation; provided, however, that any annual budget of the agency to which the delegation is made must be approved by the GOVERNING BOARD of the AUTHORITY; I. To invest any money in the treasury, pursuant to Section 6505.5 of the ACT;- as" the' AU-rHORITY determines is advisable, in the same -manner and upon the same conditions as local agencies, pursuant to Section 53601 of the Government Code of the State of California. J. To carry out and enforce all the provisions of this Agreement; K. To contract for and obtain insurance against any insurable risk reasonably anticipated to result from the exercise of any powers or functions of the AUTHORITY or the performance of any duties by the officers and employees of the AUTHORITY; L. To make, adopt, amend, and repeal its bylaws, rules, ordinances, resolutions, and procedural regulations not inconsistent with, and to carry into 1 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 27 28 effect, 'the powers granted in and purposes of this Agreement; M. To perform such duties and functions as may be necessary or appropriate for the administration and coordination of federal or state assisted economic planning and development programs and projects within the geographical boundaries of this joint powers authority as hereinbefore de- fined. N. To do and perform any and all act necessary to participate in federal or state assisted economic development projects within the jurisdic- tional boundaries of the AUTHORITY, including, without limitation, applying for, accepting and administering grants or other financial assistance from the federal goverment, the state, or other public agencies, or from any other sources, public or private, for such economic development projects; to use and expend such funds for any of the purposes as described or referred to in this Agreement; and to enter into and carry out contracts or agreements in connec- tion therewith which are not inconsistent with the purposes and powers of the AUTHORITY as set forth in this Agreement; and 0. To adopt a seal and alter it at its pleasure. SECTION 5.04. CLAIMS. All claims and actions for money or damages against the AUTHORITY and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Government Code of the State of California.. The AUTHORITY shall be deemed a "public entity" within the meaning of Division 3.6 of Title I of said Government Code. SECTION 5.05. INTERESTS IN CONTRACTS. The provisions of Article 4 (commencing with Section 1090), Article 4.5 (commencing with Section 1100) and Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title 1, of the Government Code of the State of California prohibiting certain finan- cial interests in public contracts shall apply to the officers, directors and employees of the AUTHORITY. -- 12 - 1 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 27 28 SECTION 5.06. ENFORCEMENT BY AUTHORITY. The AUTHORITY is hereby authorized to take any or all legal actions necessary and permitted by law to enforce this Agreement. ARTICLE VI - METHOD OF PROCEDURE SECTION 6.01. ASSUMPTION OF RESPONSIBILITIES. upon completion of the initial organization of the GOVERNING BOARD and the appointment of the Secre- tary and Legal Advisor, the AUTHORITY shall proceed to carry out its duties and responsibilities as set forth in this Agreement, including, primarily, the implementation of the Economic Development Action Plan and Strategy to be prepared as hereinabove provided. SECTION 6.02. FINANCING ACTIVITIES PRECEDING CONSTRUCTION. The AUTHORITY shall secure funds or a firm commitment of funds adequate to finance the activities necessary to be carried out prior to the award of a contract for the construction of any public project portion of PROJECT PROGRESS, which includes, but is not limited to, the preparation of construction plans and specifications, and the acquisition of permits, rights--of-way and land neces- sary for the construction. The AUTHORITY shall secure such funds through federal and state grants, the issuance of bonds, advances from the parties hereto, or from any other proper source or sources, or by any combination thereof. SECTION 6.03. ACTIVITIES PRECEDING CONSTRUCTION. Upon securing funds (or a firm commitment of funds) deemed adequate by the GOVERNING BOARD to finance the cost of the activities necessary to be carried out prior to the award of a contract for the construction of any public project portion of PROJECT PROGRESS, the AUTHORITY shall proceed to contract with one or more engineering and/or architectural firms for the preparation of construction plans and specifications, to acquire said necessary permits, rights -of -way and land, and to carry out all other acitivies which are necessary to be 1 2 3 4 5 6 7 8 9 10 1? 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 performed prior to the award of a contract for the construction of any public works portion of PROJECT PROGRESS. Nothing contained in this Agreement shall be construed as limiting or restricting the timing or procedure to be followed by the AUTHORITY in obtain- ing financing required for implementation of PROJECT PROGRESS if some other or different procedure or timing is required by any federal or state agency providing financial assistance to the AUTHORITY. SECTION 6.04. PROJECT FINANCING. Prior to, or upon completion of the preparation of construction plans and specifications, the AUTHORITY shall secure funds (or a firm commitment of funds) adequate to finance the cost of constructing any public portion of PROJECT PROGRESS. The AUTHORITY shall se- cure such funds or firm commitment of such funds through federal and state grants and from the issuance of revenue bonds and from other available sources. Said funds shall be adequate, with the proceeds of prior bond issues, if any, to finance the entire cost of that portion of the public project for which said plans and specifications have been completed, including, but not limited to, the costs of repaying advances made to the AUTHORITY by the parties hereto and for which repayment was a condition of such advance, the cost of all activities necessarily carried out by the AUTHORITY prior to the award of a contract for the construction, interest expenses estimated to accrue prior to the completion of construction, and the estimated cost of the construction and all costs incidental thereto. SECTION 6.05. CONSTRUCTION. Upon securing funds (or a firm commit- ment of funds) deemed adequate by the GOVERNING BOARD to finance the entire cost of constructing any public portion of PROJECT PROGRESS, the AUTHORITY shall proceed to contract with one or more firms for the construction of each such public portion of said PROJECT PROGRESS. SECTION 6.06. OPERATION AND MAINTENANCE. Upon completion of 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 BOAR , 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 violati n g of any grant -condition or regulation imposed -by any federal or state agency that 9 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 1 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 Planning Grant amount in cash or in in -kind services on or before completion of 1s said Planning Grant phase. The cash portions of such contributions shall be no 19 less than $1,000 nor more than $2',000. Any financial contributions other than 20 set forth above shall be made only upon official action by the governing board 21 of such party hereto as may desire to make any further or additional contribu-- 22 tion to the AUTHORITY. 23 The expenditure of funds contributed to the AUTHORITY by the parties 24 hereto shall be used only for ordinary administrative and operating expenses of 25 the AUTHORITY,.ras referred -to" in'ihe Economic adjustment Grant Terms and Condi- 26 tions, and for payment of fees and costs incurred or to be incurred by the AUTH ORITY in connection with the preparation, filing and processing of one or more " 23 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 applications for federal financial assistance required for the implementation of the Economic Development Action Plan and Strategy as referred to hereinabove in this Agreement. SECTION 7.03. ADVANCES. In addition to the financial contributions re- quired to be made by each party hereto as set forth in SECTION 7:02 above, each of the parties to this Agreement may advance to the AUTHORITY money in such sums as may be mutually agreed upon by such party and the GOVERNING BOARD of the AUTHORITY. An amount equal to all advances so made by each party, plus interest thereon at a rate to be mutually agreed upon by the. AUTHORITY and=.the"party-.mak- Ing such advance, shall be repaid by the AUTHORITY in cash, but only -groin the proceeds of federal grants, state grants, the sale of revenue bonds of the AUTH- ORITY, or such other construction funds as the AUTHORITY designates. Repayment shall be made by the AUTHORITY at such time or times as the AUTHORITY and the party making such advance shall mutually agree at the time such advance is made. SECTION 7.04. ANNUAL BUDGET. A. The GOVERNING BOARD of the AUTHORITY shall, on or before March of each year, prepare and submit to each party hereto a budget estimate of the expense of conducting the AUTHORITY for the ensuing year. B. The budget estimate shall bean such form as the GOVERNING.BOAR[ may prescribe using the guidelines of the California State Controller. The bud- get estimate shall contain a summary of the fiscal policy of the AUTHORITY for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of finan- cing the budget for the ensuing year, contrasted with the corresponding data fo- the current ,year. The budget may be published. The budget estimate may in- clude the unappropriated balance item to be available for appropriation in the ensuing fiscal year to meet contingencies other than contingencies resulting from temporary insufficiencies in the revenues of the AUTHORITY. i t, s ti 2 C. After submission of the budget estimate, the 3 GOVERNING BOARD shall fix a time and a place for hearing by the 4 GOVERNING BOARD thereon. The GOVERNING BOARD shall cause notice 5 of such hearing to be published at least ten (10) days prior to 6 the date set for hearing in a newspaper of general circulation in 7 the area pursuant to Sections 6060 and 6061 of the Government Code 8 of the State of California, and shall -give mailed notice of such P 9 hearing to each party to this Agreement_ 10 At the budget hearing the GOVERNING BOARD may increase 11 or decrease any item in the budget estimate and may delete any 12 .item therefrom or add any r_ew item thereto. 13 Upon the conclusion of the budget hearing and not later 14 than May.1 of each year the GOVERNING BOARD shall approve the; 15 budget estimate as submitted to the parties hereto or as revised 16 by the GOVERNING BOARD, and thereupon the same shall constitute 17 the final budget for the ensuing fiscal year. 18 The several items of the final budget shah be deemed 19 appropriated for the ensuing fiscal _near in the samounts and for t 20 the purposes specified in he final budget:. 21 SECTION 7.05. RECORDS AND ACCOUNTS_ The AUTUORIVZ shall 22 cause to be kept accurate and correct books of account, showing in 23 detail the costs of administration, bond interest, bond redemption, 24 operation and maintenance, and all financial transactions of the 25 AUTF ORTTv Said books of account shall be open to .inspection at 26 all times by any representative of an of the Marti L Y Parties here�.o, or 17 - 2 3 4 5 6 7 8 9' 10 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 by any accountant or other person authorized by any party hereto tc inspect said books of account. The Auditor -Controller shall, in ac- cordance with Section 6305 of the ACT, cause the books of account and other financial records of the AUTHORITY to be audited annually ARTICLE VIII -- ARBITRATION SECTION 8.01. ARBITRATION OF DISPUTES AND CONTROVERSIES. All controversies and disputes between the parties hereto arising out of an action or decision of the AUTHORITY shall be settled by arbitration in accordance with the provisions of this .ARTICLE Vill. Within ten (10) days after the action or decision has been taken, the aggrieved entity shall give written notice to the GOVERNING BOARD of the AUTHORITY and the other entities that it desires arbitration, stating the controversy to be arbitrated_ Within ten (10) days thereafter, the aggrieved entity and the GOVERNING BOARD shall each select one arbitrator, and within ten (10) additional days after their selection, the two (2) aribtrators shah. select - a third arbitrator. The hearing shall be conducted within fifteen (15) days after the nomination of-' the third arbitrator and shall be restricted to matters relative to that stated in the notice requesting arbitration. Each entity shall be given an opportunity to be heard and to present evidence. Within ter: (10) days after the conclusion of the hearing or hearings, the arbitrators shall state their findings of -fact, conclusions of law and decision in writing, and shall sign the same and deliver one signed copy thereof to each entity. Such decision Or,award shall be final and binding upon the GOVERNING- BOARD, and upon each entity. A rna j ar.ity 1 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 27 2s finding shall govern if the arbitrators' determination is not unanimous. The aggrieved entity, and the GOVERNING BOARD, shall each pay the expenses of their respective arbitrators. The costs and expenses of the third arbitrator, and the administrative costs of arbitration shall be shared equally between the aggrieved entity and the GOVERNING BOARD. Each party shall pay its own attorney fees. ARTICLE IX -- TERMINATION SECTION 9.01. TERM. This Agreement shall be dated the -date of execu- tion of this Agreement by the last of the .five parties hereto that executed this Agreement and shall be effective on --the date hereof and shall continue until rescinded or terminated by agreement of all of the parties hereto. SECTION 9.02. DISPOSITION OF ASSETS. On the termination of this Agreement, all surplus money of the AUTHORITY shall be returned to the res- pective parties hereto in the same proportion that the total of all amounts paid by each party hereto, pursuant to ARTICLE VII hereof, during the term of this Agreement, bears to the total of such amounts paid by all the parties hereto. On thei:termination of this Agreement, all property of the AUTHORITY, both real and personal, shall be divided among the parties hereto in such termination manner as shall be agreed upon by the parties hereto upon/of this Agreement or as determined by arbitration as herein provided, and, until such division is agreed upon or otherwise determined by arbitration, shall be held in trust by the Treasurer for all the parties hereto. ARTICLE X - MISCELLANEOUS PROVISIONS SECTION 10.01. NOTICES. Notices hereunder shall be sufficient if delivered to: in I CITY OF FONTANA City Hall 2 8353 Sierra Avenue Fontana, California 3 CITY OF RIALTO 4 City Hall 150 S. Palm Avenue 5 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 II CITY OF REDLANDS City Hall 12 Redlands, California 92373 13 SECTION 10.02. AMENDNEINT OF AGREEMENT. This Agreement may be amended 14 by an agreement approved by all of the entities hereto. Approval of the 1S 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, 18 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 II approval is required, the same shall not be unreasonably withheld. kl .,n 1 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 27 28 SECTION 10.06. LAW GOVERNING. This Agreement Is made in the State of California under the constitution and laws of such State and is to be so construed. SECTION 10.07. SUCCESSORS., This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year fir-st above written. ATTEST: Patricia M. Murray; City Clerk (,SEAL) ATTE5 (SEAL) ATTEST: HELEN A. RAMOS, City Clerk (SEAL) ATTEST: 7� (SEAL) ATTEST: (SEAL) CITY OF NA Frank Horzon, Mayor CITY OF RIALTO r BY CITY OF COLTON FRANK A. G,I2 ALE , Mayor CITY OF SAN BERNA l CITY OF REDLAND5 B By -21--