2015/08/11 City Council Resolution 2015-132� � , �, i
owners within the incorporated area of the City in financing the cost of installing Improvements;
and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the California HERO Program.
1. This City Council finds and declares that properties in the City's incorporated
area will be benefited by the availability of the California HERO Program to finance the
installation of Improvements.
CITY OF [1,01 IN E' T PARK
�7
........ .. . U ...... . ............ . . . . .
Amy O. Aliaiiotn, Mayor
z...... .. ..
,,I'o twc M. Buergler, CRY ClerOl
CALLINAMA
MACKE.NZIE: STAFF01M BELF01CM: tWrA o' j:. E
I IAN I L
AYES: (Lj ) NOES: ABSENT: ABSTAIN: (0
Exhibit A to Resolution
This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into
on the —day of . . . . ..... ..... �, 2015, by City of Rohnert Park ("City") and the Western
Riverside Council of Governments ("Authority") (collectively the "Parties").
WINUM
M
Exhibit A to Resolution
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
I The A LithoritV J PA. City agrees to the terms and conditions of the Authority JPA,
attached.
2. A " s ' s ' ociale Meinbej�,"shi 1. By adoption of this JPA Amendment, City shall become
an Associate Member of Authority on the terms and conditions set forth herein and the Authority
JPA and consistent with the requirements of the Joint Exercise of Powers Act. The rights and
obligations of City as an Associate Member are limited solely to those terms and conditions
expressly set forth in this JPA Amendment for the purposes of implementing the California
HERO Program within the incorporated territory of City. Except as expressly provided for by
the this JPA Amendment, City shall not have any rights otherwise granted to Authority's Regular
Members by the Authority JPA, including but not limited to the right to vote on matters before
the Executive Committee or the General Assembly, the right to amend or vote on amendments to
the Authority JPA, and the right to sit on committees or boards established under the Authority
JPA or by action of the Executive Committee or the General Assembly, including, without
limitation, the General Assembly and the Executive Committee. City shall not be considered a
member for purposes of Section 9.1 of the Authority JPA.
3. lights ol'Authorilv. This JPA Amendment shall not be interpreted as limiting or
restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is
intended to alter or modify Authority Transportation Uniform Mitigation Fee (TUMF) Program,
the PACE Program administered by Authority within the jurisdictions of its Regular Members,
or any other programs administered now or in the future by Authority, all as currently structured
or subsequently amended.
B. Implementation of California HERO Program within City Jurisdiction.
1. l3out-idaries of the California HERO Prograni within ('Jt,^, Jurisdictioii, City shall
determine and notify Authority of the boundaries of the incorporated territory within City's
jurisdiction within which contractual assessments may be entered into under the California
HERO Program (the "Program Boundaries"), which boundaries may include the entire
incorporated territory of City or a lesser portion thereof.
2. Determination oftdigible In1proyen-i-e.p ts-.. Authority shall determine the types of
distributed generation renewable energy sources, energy efficiency or water conservation
improvements, electric vehicle charging infrastructure or such other improvements as may be
authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be eligible to be
financed under the California HERO Program.
3. Establishment of California Hli,RO Prm,rain, Authority will undertake such
proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to make
contractual financing of Eligible Improvements available to eligible property owners within the
Program Boundaries.
Exhibit A to Resolution
4. l inaijsI, ille Jr istallation of Hi illle hr provenienlw, Authority shall develop and
implement a plan for the financing of the purchase and installation of the Eligible Improvements
under the California HERO Program.
5. (mlmla.lt(Ji.L._ dininislnition. Authority shall be responsible for the ongoing
administration of the California HERO Program, including but not limited to producing
education plans to raise public awareness of the California HERO Program, soliciting, reviewing
and approving applications from residential and commercial property owners participating in the
California HERO Program, establishing contracts for residential, commercial and other property
owners participating in such program, establishing and collecting assessments due under the
California HERO Program, adopting and implementing any rules or regulations for the
California HERO Program, and providing reports as required by Chapter 29.
City will not be responsible for the conduct of any proceedings required to be taken under
Chapter 29; the levy or collection of assessments or any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of any bonds
issued in connection with the California HERO Program.
6. l'liased hnplernenlatron. The Parties recognize and agree that implementation of
the California HERO Program as a whole can and may be phased as additional other cities and
counties execute similar agreements. City entering into this JPA Amendment will obtain the
benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area,
irrespective of whether cities or counties enter into similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. City or Authority may withdraw from this JPA Amendment upon
six (6) months written notice to the other party; provided, however, there is no outstanding
indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA shall
not apply to City under this JPA Amendment. City may withdraw approval for conduct of the
HERO Program within the jurisdictional limits of City upon thirty (30) written notice to
WRCOG without liability to the Authority or any affiliated entity. City withdrawal shall not
affect the validity of any voluntary assessment contracts (a) entered prior to the date of such
withdrawal or (b) entered into after the date of such withdrawal so long as the applications for
such voluntary assessment contracts were submitted to and approved by WRCOG prior to the
date of City's notice of withdrawal.
2. Mutual Inde nmification and Liability. Authority and City shall mutually defend,
indemnify and hold the other party and its directors, officials, officers, employees and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages or injuries of any kind, in law or equity, to property or persons, including
wrongful death, to the extent arising out of the willful misconduct or negligent acts, errors or
omissions of the indemnifying party or its directors, officials, officers, employees and agents in
connection with the California HERO Program administered under this JPA Amendment,
including without limitation the payment of expert witness fees and attorney's fees and other
related costs and expenses, but excluding payment of consequential damages. Without limiting
the foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no
ow
Exhibit A to Resolution
event sbu)1 any of `n Regular Members or their officials, officers or employees be bek]
directly liable for any damages orliability resulting out of this JPAAmendment.
3. Environmental Review. Authority shall huthe lead agency under the California
Environmental Quality Act for any environmental review that may berequired in implementing
or administering the California HERO Program under this JPA Amendment.
4. Lt. City mboJ| cooperate with Authority byproviding iufhrnuo1iou
and other uuoio1uoue in order for Authority 10 meet its nhDgo1i000 hereunder. City recognizes
that one of its responsibilities related to the California HERO Program will include any
permitting or inspection requirements as established byCity.
5. Notice, Any and all communications and/or notices in connection with this JP/\
Annuudnuooi shall be either hand-delivered or sent by L7ndsd States first c1ono mail, postage
prepaid, and addressed uofollows:
Authority:
Western Riverside Council ofGovernments
40Q0 Lemon Street, 3rd Floor. MS|O32
Riverside, C/\925Ol-3009
Attn: Executive Director
City:
Don Schwartz, Assistant City Manager
l3O/\vcumAvenue
Ilobucr1 Park, CA94g28
6. This JPA Amendment, together with the Authority JPA,
constitutes the entire agreement among the Parties pertaining 1othe subject matter hereof. This
JPA Amendment supersedes any and all other agreements, oiUzcx nru) or in writing, among the
Parties with respect to the subject matter hereof and contains all of the covenants and agreements
among tburu with respect to said matters, and each Party acknowledges that no representation,
iudococuezd, promise of agreement, oral or otherwise, has been made by the other Party or
anyone acting oo behalf nf the other Party that io not embodied herein.
7. Sticcessors zwd As This JP/\ Amendment and each of its onvcmou1s and
conditions mbuD be binding on and obuU inure to the heoufitofthe Pmfion and their respective
ouuumauoro and assigns. /\ Party may only assign or transfer its dobtm and obligations under this
JPA Amendment with prior written approval of the other Party, which approval obaU not be
unreasonably withheld.
8. Attortjq ` If any action at luvv or equity, including any action for
declaratory relief is brought to enforce or interpret the provisions of this Agreement, each Party
tn the litigation shall bear its own attorney's fees and costs.
9. This JP/\ /\oueudouezd oboU he gnYonucd by and construed in
accordance with the laws ofthe State of California, auapplicable.
Exhibit AmResolution
lO. No Third Party Bepellciaries. This JP/\ Amendment shall not create any right no
interest in the public, or any nonmhor 1hereof, as u dbbd party beneficiary bco:of, nor oba| it
authorize anyone not a Party 0nthis ]PA Amendment Un ruuhdobz o suit for personal injuries or
property damages under the provisions of this ]PA /\nuoudmeu1. The duties, obligations, and
responsibilities of the Parties to this JP/\ /\nuuodcoeo1 with respect to third party beneficiaries
shall remain ao imposed under existing state and federal law.
ll. ln the event one or more of the provisions contained in this Jy/�
Amendment is held involid, illegal oc unenforceable hy any court ofcompetent jurisdiction, such
portion shall be deemed severed from this JPA Amendment and the remaining parts of this JP/\
Amendment shall rcnuuiu in full force and effect oothough such invalid, illegal, or unenforceable
portion had never been o part of this }PAAmendment.
12. lfeadiiigs, The paragraph headings used in this J9/\ /\nueudousok are for the
convenience of the Parties and are not intended to be used as an aid to interpretation.
13. Amendment., This Jp/\ Amendment may he modified or amended by the Parties
ut any time. Such modifications or amendments must be mutually agreed upon and executed in
writing hyboth Parties. Verbal modifications or amendments tnthis JPA Amendment shall he of
no effect.
14. Effective Date. This JPA Amendment shall become effective upon the execution
thereof hy the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be executed
and attested hytheir officers thereunto duly authorized as of the date first above written.
Exhibit A to Resolution
By: . . .... ... Date:
Executive Committee Chair
Western Riverside Council of Governments
M
Darrin Jenkins, City Manager
Kyjam
IMEM
WE
Exhibit t A to .A.g:reement.
Updated through June 4® 201.3
Revised
JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
This Agreement is made and entered into on the 1st day of April, 1991, pursuant
to Government Code Section 6500 et. seq. and other pertinent provisions of law, by and
between six or more of the cities located within Western Riverside County and the
County of Riverside.
RECITALS
A. Each member and party to this Agreement is a governmental entity
established by law with full powers of government in legislative, administrative, financial,
and other related fields.
B. The purpose of the formation is to provide an agency to conduct studies
and projects designed to improve and coordinate the common governmental
responsibilities and services on an area -wide and regional basis through the
establishment of an association of governments. The Council will explore areas of inter-
governmental cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
C. When authorized pursuant to an Implementation Agreement, the Council
shall manage and administer thereunder.
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
I
PURPOSE AND POWERS
1.1 Aqencv Created.
There is hereby created a public entity to be known as the "Western
Riverside Council of Governments" ( "WRCOG "). WRCOG is formed by this Agreement
pursuant to the provision of Government Code Section 6500 et. seq. and other
pertinent provision of law. WRCOG shall be a public entity separate from the parties
hereto.
1.2 Powers.
1.2.1. WRCOG established hereunder shall perform all necessary
functions to fulfill the purposes of this Agreement. Among other functions, WRCOG
shall:
a. Serve as a forum for consideration, study and recommendation on
area -wide and regional problems;
b. Assemble information helpful in the consideration of problems
peculiar to Western Riverside County;
C. Explore practical avenues for intergovernmental cooperation,
coordination and action in the interest of local public welfare and means of
improvements in the administration of governmental services; and
d. Serve as the clearinghouse review body for Federally- funded
projects in accordance with Circular A -95 in conjunction with the Southern California
Association of Governments.
following;
1.2.2. The Council shall have the power in its own name to do any of the
a. When necessary for the day to day operation of the Council, to
make and enter into contracts;
b. To contract for the services of engineers, attorneys, planners,
financial consultants and separate and apart therefrom to employ such other persons,
as it deems necessary;
C. To apply for an appropriate grant or grants under any federal, state,
or local programs.
d. To receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons, firms, corporations and
any governmental entity;
e. To lease, acquire, construct, manage, maintain, and operate any
buildings, works, or improvements;
f. To delegate some or all of its powers to the Executive Committee
and the Executive Director of the Council as hereinafter provided.
1.2.3 The association shall have the power in its own name, only with the
approval of all affected member agencies to;
a. Acquire, hold and dispose of property by eminent domain, lease,
lease purchase or sale.
b. To incur debts, liabilities, obligations, and issue bonds;
RGANIZATION OF COUNCIL
20323 00002\ 1,494125 , 6 3
2.1 Parties.
The parties to WRCOG shall be the County of Riverside and each city
located within Western Riverside County which has executed or hereafter executes this
Agreement, or any addenda, amendment, or supplement thereto and agrees to such
become a member upon such terms and conditions as established by the general
council or executive committee, and which has not, pursuant to provisions hereof,
withdrawn therefrom. Only the parties identified in this section and Associate Members
approved under section 8.2 of this Agreement, if any, shall be considered contracting
parties to this Agreement under Government Code section 6502, provided that the
rights of any Associate Member under this Agreement shall be limited solely those
rights expressly set forth in a PACE Agreement authorized in section 8.2 of this
Agreement.
2.2 Names.
The names, particular capacities and addresses of the parties at any time shall
be shown on Exhibit "A" attached hereto, as amended or supplemented from time to
time.
2.3 Duties.
WRCOG shall do whatever is necessary and required to carry out the
purposes of this agreement and when authorized by an Implementation Agreement
pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur
such debts and obligations, assess contributions from the members, and perform such
other acts as are necessary to the accomplishment of the purposes of such agreement,
20323.00002\11.4941.25,6 4
within the provisions of Government Code Section 6500 et seq. and as prescribed by
the laws of the State of California.
2.4 Governing Bod M.
2.4.1. WRCOG shall be governed by a General Assembly with
membership consisting of the appropriate representatives from the County of Riverside,
each city which is a signatory to this Agreement, Western Municipal Water District, and
Eastern Municipal Water District, the number of which shall be determined as
hereinafter set forth. The General Assembly shall meet at least once annually,
preferably scheduled in the evening. Each member agency of the General Assembly
shall have one vote for each mayor, council member, county supervisor, and water
district board member present at the General Assembly. The General Assembly shall
act only upon a majority of a quorum. A quorum shall consist of a majority of the total
authorized representatives, provided that members representing a majority of the
member agencies are present. The General Assembly shall adopt and amend by -laws
for the administration and management of this Agreement, which when adopted and
approved shall be an integral part of this Agreement. Such by -laws may provide for the
management and administration of this Agreement.
2.4.2. There shall be an Executive Committee which exercises the powers
of this Agreement between sessions of the General Assembly. Members of the
Executive Committee shall be the Mayor from each of the member cities, four members
of the Riverside County Board of Supervisors and the President of each Water District,
the remaining member of the Board of Supervisors shall serve as an alternate, except
any City Council, at its discretion, can appoint a Mayor Pro Tern or other city council
20323 00002\1491125,, 6 5
member in place of the Mayor, and each water district board, at its discretion, can
appoint another board member in place of the President. The Executive Committee
shall act only upon a majority of a quorum. A quorum shall consist of a majority of the
member agencies. Membership of the Water Districts on the General Assembly and
Executive Committee of WRCOG shall be conditioned on the Water Districts entering
into a separate Memorandums of Understanding with WRCOG.
2.4.3. Each member of the General Assembly and the Executive
Committee shall be a current member of the legislative body such member represents.
2.4.4. Each participating member on the Executive Committee shall also
have an alternate, who must also be a current member of the legislative body of the
party such alternate represents. The name of the alternate members shall be on file
with the Executive Committee. In the absence of the regular member from an agency,
the alternate member from such agency shall assume all rights and duties of the absent
regular member.
2.5 Executive Director.
The Executive Director shall be the chief administrative officer of the
Council. He shall receive such compensation as may be fixed by the Executive
Committee. The powers and duties of the Executive Director shall be subject to the
authority of the Executive Committee and include the following:
a. To appoint, direct and remove employees of the Council.
b. Annually to prepare and present a proposed budget to the Executive
Committee and General Assembly.
C. Serve as Secretary of the Council and of the Executive Committee.
20 3233.3b33002 \:II.494'1..25r 6 6
d. To attend meetings of the Executive Committee.
e. To perform such other and additional duties as the Executive Committee
may require.
2.6 Prince al Off ce.
The principal office of WRCOG shall be established by the Executive
Committee and shall be located within Western Riverside County. The Executive
Committee is hereby granted full power and authority to change said principal office
from one location to another within Western Riverside County. Any change shall be
noted by the Secretary under this section but shall not be considered an amendment to
this Agreement.
2.7 Meetings.
The Executive Committee shall meet at the principal office of the agency
or at such other place as may be designated by the Executive Committee. The time
and place of regular meetings of the Executive Committee shall be determined by
resolution adopted by the Executive Committee; a copy of such resolution shall be
furnished to each party hereto. Regular, adjourned and special meetings shall be called
and conducted in accordance with the provisions of the Ralph M. Brown Act,
Government Code Section 54950 et. seq., as it may be amended.
2.8 Powers and Limitations of the Executive Committee.
Unless otherwise provided herein, each member or participating alternate
of the Executive Committee shall be entitled to one vote, and a vote of the majority of
those present and qualified to vote constituting a quorum may adopt any motion,
201.2 a.00002 \:1_194125a 6 7
resolution, or order and take any other action they deem appropriate to carry forward
the objectives of the Council.
2.9 Minutes.
The secretary of the Council shall cause to be kept minutes of regular
adjourned regular and special meetings of the General Assembly and Executive
Committee, and shall cause a copy of the minutes to be forwarded to each member and
to each of the members hereto.
2.10 Rules.
The Executive Committee may adopt from time to time such rules and
regulations for the conduct of its affairs consistent with this agreement or any
Implementation Agreement.
2.11 Vote or Assent of em ers
The vote, assent or approval of the members in any manner as may be
required, hereunder shall be evidenced by a certified copy of the action of the governing
body of such party filed with the Council. It shall be the responsibility of the Executive
Director to obtain certified copies of said actions.
2.12 Officers.
There shall be selected from the membership of the Executive Committee,
a chairperson and a vice chairperson. The Executive Director shall be the secretary.
The Treasurer of the County of Riverside shall be the Treasurer of the Council and the
Controller or Auditor of the County of Riverside shall be the Auditor of the Council.
Such persons shall possess the powers of, and shall perform the treasurer and auditor
functions respectively, for WRCOG and perform those functions required of them by
2032300002\1,4941,2'3,6 8
Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws
and regulations, including any subsequent amendments thereto.
The chairperson and vice chairperson, shall hold office for a period of one
year commencing July 1st of each and every fiscal year; provided, however, the first
chairperson and vice chairperson appointed shall hold office from the date of
appointment to June 30th of the ensuing fiscal year. Except for the Executive Director,
any officer, employee, or agent of the Executive Committee may also be an officer,
employee, or agent of any of the members. The appointment by the Executive
Committee of such a person shall be evidence that the two positions are compatible.
2.13 Committees.
The Executive Committee may, as it deems appropriate, appoint
committees to accomplish the purposes set forth herein. All committee meetings of
WRCOG, including those of the Executive Committee, shall be open to all members.
2.14 Additional Officers, and EmpLoSees.
The Executive Committee shall have the power to authorize such
additional officers and assistants as may be appropriate. Such officers and employees
may also be, but are not required to be, officers and employees of the individual
members.
2.15 ndin ' quirement.
The officers or persons who have charge of, handle, or have access to
any property of WRCOG shall be the members of the Executive Committee, the
treasurer, the Executive Director, and any other officers or persons to be designated or
empowered by the Executive Committee. Each such officer or person shall be required
24 32:3AO0442 \1!494025.6 9
to file an official bond with the Executive Committee in an amount which shall be
established by the Executive Committee. Should the existing bond or bonds of any
such officer be extended to cover the obligations provided herein, said bond shall be the
official bond required herein. The premiums on any such bonds attributable to the
coverage required herein shall be appropriate expenses of WRCOG.
2.16 Status of Officers and Emr)lovees.
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, worker's compensation, and other
benefits which apply to the activity of officers, agents, or employees of any of the
members when performing their respective functions shall apply to them to the same
degree and extent while engaged in the performance of any of the functions and other
duties under this Agreement. None of the officers, agents, or employees appointed by
the Executive Committee shall be deemed, by reason of their employment by the
Executive Committee, to be employed by any of the members or, by reason of their
employment by the Executive Committee, to be subject to any of the requirements of
such members.
2.17 Restrictions.
Pursuant to Government Code Section 6509, for the purposes of determining the
restrictions to be imposed by the Council in its exercise of the above - described joint
powers, reference shall be made to, and the Council shall observe, the restrictions
imposed upon the County of Riverside.
2.18 Water Districts and TUMF Matters.
Pursuant to this Joint Powers Agreement, WRCOG administers the
Transportation Mitigation Fee ( "TUMF ") for cities in western Riverside County. The fee
was established prior to the Water District's involvement with WRCOG and will fund
transportation improvements for the benefit of the County of Riverside and the cities in
western Riverside County. As such, the Western Municipal Water District and the
Eastern Municipal Water District General Assembly and Executive Committee Members
shall not vote on any matter related to the administration of the TUMF program or the
expenditure of TUMF revenues.
III
FUNDS AND PROPERTY
3.1 Treasurer,.
The Treasury of the member agency whose Treasurer is the Treasurer for
WRCOG shall be the depository for WRCOG. The Treasurer of the Council shall have
custody of all funds and shall provide for strict accountability thereof in accordance with
Government Code Section 6505.5 and other applicable laws of the State of California.
He or she shall perform all of the duties required in Government Code Section 6505 and
following, such other duties as may be prescribed by the Executive Committee.
3.2. Ex enditure of Funds.
The funds under this Agreement shall be expended only in furtherance of the
purposes hereof and in accordance with the laws of the State of California and standard
accounting practices shall be used to account for all funds received and disbursed.
3.3. Fiscal Year.
20323AO002\149i�256 11
WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each
year and continuing until June 30 of the succeeding year. Prior to July 1 of each year,
the General Assembly shall adopt a final budget for the expenditures of WRCOG during
the following fiscal Year.
3.4. Contributions /Public Funds.
In preparing the budget, the General Assembly by majority vote of a quorum shall
determine the amount of funds which will be required from its members for the purposes
of this Agreement. The funds required from its members after approval of the final
budget shall be raised by contributions 50% of which will be assessed on a per capita
basis and 50% on an assessed valuation basis, each city paying on the basis of its
population and assessed valuation and the County paying on the basis of the population
and assessed valuation within the unincorporated area of Western Riverside County as
defined in the by -laws. The parties, when informed of their respective contributions,
shall pay the same before August Ist of the fiscal year for which they are assessed or
within sixty days of being informed of the assessment, whichever occurs later. In
addition to the contributions provided, advances of public funds from the parties may be
made for the purposes of this Agreement. When such advances are made, they shall
be repaid from the first available funds of WRCOG.
The General Assembly shall have the power to determine that personnel,
equipment or property of one or more of the parties to the Agreement may be used in
lieu of fund contributions or advances.
20323A0002\]A94J.25,,6 12
All contributions and funds shall be paid to WRCOG and shall be disbursed by a
majority vote of a quorum of the Executive Committee, as authorized by the approved
budget.
3.5 Contribution from Water Districts.
The provision of section 3.4 above shall be inapplicable to the Western Municipal
Water District and the Eastern Municipal Water District. The amount of contributions
from these water districts shall be through the WRCOG budget process.
IV
BUDGETS AND DISBURSEMENTS
4.1 nnuaV Bud et.
The Executive Committee may at any time amend the budget to
incorporate additional income and disbursements that might become available to
WRCOG for its purposes during a fiscal year.
4.2 Disbursements,
The Executive Director shall request warrants from the Auditor in
accordance with budgets approved by the General Assembly or Executive Committee
subject to quarterly review by the Executive Committee. The Treasurer shall pay such
claims or disbursements and such requisitions for payment in accordance with rules,
regulations, policies, procedures and bylaws adopted by the Executive Committee.
4.3 Accounts.
All funds will be placed in appropriate accounts and the receipt, transfer,
or disbursement of such funds during the term of this Agreement shall be accounted for
in accordance with generally accepted accounting principles applicable to governmental
13
entities and pursuant to Government Code Sections 6505 et seq. and any other
applicable laws of the State of California. There shall be strict accountability of all
funds. All revenues and expenditures shall be reported to the Executive Committee.
4.4 Evninnrlitiirac Within Approved Annual R11dn�at
All expenditures shall be made within the approved annual budget. No
expenditures in excess of those budgeted shall be made without the approval of a
majority of a quorum of the Executive Committee.
4.5 Audit.
The records and accounts of WRCOG shall be audited annually by an
independent certified public accountant and copies of such audit report shall be filed
with the County Auditor, State Controller and each party to WRCOG no later than fifteen
(15) days after receipt of said audit by the Executive Committee.
4.6 Reimbursement of Funds.
Grant funds received by WRCOG from any federal, state, or local agency
to pay for budgeted expenditures for which WRCOG has received all or a portion of said
funds from the parties hereto shall be used as determined by WRCOG's Executive
Committee.
V
LIABILITIES
5.1 Liabilities.
The debts, liabilities, and obligation of WRCOG shall be the debts,
liabilities, or obligations of WRCOG alone and not of the parties to this Agreement.
5.2 Hold _ l rmless nd Indemnity.
20323,,00002\1.4941256 14
Each party hereto agrees to indemnify and hold the other parties harmless
from all liability for damage, actual or alleged, to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party or its employees.
Where the General Assembly or Executive Committee itself or its agents or employees
are held liable for injuries to persons or property, each party's liability for contribution or
indemnity for such injuries shall be based proportionately upon the contributions (less
voluntary contributions) of each member. In the event of liability imposed upon any of
the parties to this Agreement, or upon the General Assembly or Executive Committee
created by this Agreement, for injury which is caused by the negligent or wrongful act or
omission of any of the parties in the performance of this Agreement, the contribution of
the party or parties not directly responsible for the negligent or wrongful act or omission
shall be limited to One Hundred Dollars ($100.00). The party or parties directly
responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and
hold all other parties harmless from any liability for personal injury or property damage
arising out of the performance of this Agreement. The voting for or against a matter
being considered by the General Assembly or executive or other committee or
WRCOG, or abstention from voting on such matter, shall not be construed to constitute
a wrongful act or omission within the meaning of this Subsection.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.1 Admission of New Parties.
It is recognized that additional cities other than the original parties, may
wish to participate in WRCOG. Any Western Riverside County city may become a party
20323.00G02\14941-25.6 15
to WRCOG upon such terms and conditions as established by the General Assembly or
Executive Committee. Any Western Riverside County city shall become a party to
WRCOG by the adoption by the city council of this agreement and the execution of a
written addendum thereto agreeing to the terms of this Agreement and agreeing to any
additional terms and conditions that may be established by the general assembly or
Executive Committee. Special districts which are significantly involved in regional
problems and the boundaries of which include territory within the collective area of the
membership shall be eligible for advisory membership in the Council. The
representative of any such advisory member may participate in the work of committees
of the Council.
6.2 Withdrawal from WRCOG.
It is fully anticipated that each party hereto shall participate in WRCOG
until the purposes set forth in this Agreement are accomplished. The withdrawal of any
party, either voluntary or involuntary, unless otherwise provided by the General
Assembly or Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed
public hearing, written notice shall be given to WRCOG, six months prior to the effective
date of withdrawal;
b. Withdrawal shall not relieve the party of its proportionate share of
any debts or other liabilities incurred by WRCOG prior to the effective date of the
parties' notice of withdrawal;
C. Unless otherwise provided by a unanimous vote of the Executive
Committee, withdrawal shall result in the forfeiture of that party's rights and claims
20323 . 00002 \I 49412! . 6 16
relating to distribution of property and funds upon termination of WRCOG as set forth in
Section VII below;
d. Withdrawal from any Implementation Agreement shall not be
deemed withdrawal from membership in WRCOG.
VII
TERMINATION AND DISPOSITION OF ASSETS
7.1 Termination of this AgrEment.
WRCOG shall continue to exercise the joint powers herein until the
termination of this Agreement and any extension thereof or until the parties shall have
mutually rescinded this Agreement; providing, however, that WRCOG and this
Agreement shall continue to exist for the purposes of disposing of all claims, distribution
of assets and all other functions necessary to conclude the affairs of WRCOG.
Termination shall be accomplished by written consent of all of the parties,
or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies
enumerated herein so as to leave less than five of the enumerated agencies remaining
in WRCOG.
7.2 Distribution of Property gnd Funds.
In the event of the termination of this Agreement, any property interest
remaining in WRCOG following the discharge of all obligations shall be disposed of as
the Executive Committee shall determine with the objective of distributing to each
remaining party a proportionate return on the contributions made to such properties by
such parties, less previous returns, if any.
Vlll
PACE IMPLEMENTATION AND PARTICIPATION AGREEMENTS;
ASSOCIATE MEMBERSHIP
8.1 Execution of Act meat.
When authorized by the Executive Committee, any affected member
agency or agencies enumerated herein, may execute an Implementation Agreement for
the purpose of authorizing WRCOG to implement, manage and administer area -wide
and regional programs in the interest of the local public welfare. The costs incurred by
WRCOG in implementing a program including indirect costs, shall be assessed only to
those public agencies who are parties to that Implementation Agreement.
8.2 PACE. Agreements Associate Membership.
WRCOG shall be empowered to establish and operate one or more
Property Assessed Clean Energy ( "PACE ") programs pursuant to Chapter 29 of the
Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways
Code, and to enter into one or more agreements, including without limitation,
participation agreements, implementation agreements and joint powers agreements and
amendments thereto to fulfill such programs both within and outside the jurisdictional
boundaries of WRCOG.
WRCOG, acting through its Executive Committee, shall be empowered to
establish an "Associate Member" status that provides membership in WRCOG to local
jurisdictions that are outside WRCOG's jurisdictional boundaries but within whose
boundaries a PACE program will be established and implemented by WRCOG. Said
local jurisdictions shall become Associate Members of WRCOG by adopting one or
more agreements (the "PACE Agreement ") on the terms and conditions established by
2 23,00002\� 49412b,(, 18
the Executive Committee and consistent with the requirements of the Joint Exercise of
Powers Act, being 5 of Division 7, Title 1 of the California Government Code (Sections
6500 et seq.). The rights of Associate Members shall be limited solely to those terms
and conditions expressly set forth in the PACE Agreement for the purposes of
implementing the PACE program within their jurisdictional boundaries. Except as
expressly provided for by the PACE Agreement, Associate Members shall not have any
rights otherwise granted to WRCOG's members by this Agreement, including but not
limited to the right to vote, right to amend this Agreement, and right to sit on committees
or boards established under this Agreement or by action of the Executive Committee or
the General Assembly, including, without limitation, the General Assembly and the
Executive Committee.
IX
MISCELLANEOUS
9.1 Amendments.
This Agreement may be amended with the approval of not less than
two- thirds (2/3) of all member agencies.
20323,, 00 002`, M 9412 a , 6 19
9.2 Notice.
Any notice or instrument required to be given or delivered by depositing
the same in any United States Post Office, registered or certified, postage prepaid,
addressed to the addresses of the parties as shown on Exhibit "A ", shall be deemed to
have been received by the party to whom the same is addressed at the expiration of
seventy -two (72) hours after deposit of the same in the United States Post Office for
transmission by registered or certified mail as aforesaid.
9.3 Effective Date.
This Agreement shall be effective and WRCOG shall exist from and after
such date as this Agreement has been executed by any seven or more of the public
agencies, including the County of Riverside, as listed on page 1 hereof.
20323 00002\14941 25 , 6 20
9.4 Arbitration.
Any controversy or claim between any two or more parties to this
Agreement, or between any such party or parties and WRCOG, with respect to
disputes, demands, differences, controversies, or misunderstandings arising in relation
to interpretation of this Agreement, or any breach thereof, shall be submitted to and
determined by arbitration. The party desiring to initiate arbitration shall give notice of its
intention to arbitrate to every other party to this Agreement and to the Executive Director
of the Council. Such notice shall designate as "respondents" such other parties as the
initiating party intends to have bound by any award made therein. Any party not so
designated but which desires to join in the arbitration may, within ten (10) days of
service upon it of such notice, file with all other parties and with the Executive Director
of the Council a response indicating its intention to join in and to be bound by the results
of the arbitration, and further designating any other parties it wishes to name as a
respondent. Within twenty (20) days of the service of the initial demand for arbitration,
the initiating party and the respondent or respondents shall each designate a person to
act as an arbitrator. The designated arbitrators shall mutually designate the minimal
number of additional persons as arbitrators as may be necessary to create an odd total
number of arbitrators but not less than three to serve as arbitrator(s).
The arbitrators shall proceed to arbitrate the matter in accordance with the
provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The
parties to this Agreement agree that the decision of the arbitrators will be binding and
will not be subject to judicial review except on the ground that the arbitrators have
exceeded the scope of their authority.
2,0323,00002\14941,215A 21
9.5 Partiallnvalidity.
If any one or more of the terms, provisions, sections, promises, covenants
or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable,
void or voidable for any reason whatsoever by a court of competent jurisdiction, each
and all of the remaining terms, provisions, sections, promises, covenants and conditions
of this Agreement shall not be affected thereby and shall be valid and enforceable to the
fullest extent permitted by law.
9.6 Successors.
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the parties hereto.
9.7 Assignment.
The parties hereto shall not assign any rights or obligations under this
Agreement without written consent of all other parties.
9.8 Execution.
The Board of Supervisors of the County of Riverside and the city councils
of the cities enumerated herein have each authorized execution of this Agreement as
evidenced by the authorized signatures below, respectively.
2.0323.eae,002\149412b 22
Or final Members Agencies
1. City of Banning
2. City of Beaumont (withdrawn)
3. City of Calimesa
4. City of Canyon Lake
5. City of Corona
6. City of Hemet
7. City of Lake Elsinore
8. City of Moreno Valley
9. City of Murrieta
10. City of Norco
11. City of Perris
12. City of Riverside
13. City of San Jacinto
14. City of Temecula
15. County of Riverside
,additional City Members
1. City of Eastvale (added on 08/02/2010, Resolution 01 -11)
2. City of Jurupa Valley (added on 07/29/2011, Resolution 02 -12)
3. City of Menifee (added on 10/06/2008, Resolution 03 -09)
4. City of Wildomar (added on 08/04/2008, Resolution 01 -09)
20323,00002\149412bA 23
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
P rtici ating encie
5, Eastern Municipal Water District (membership on the Governing Board
of WRCOG, 05/11/2009)
6„ Western Municipal Water District (membership on the Governing Board
of WRCOG, 05/11/2009)
7. Riverside County Superintendent of Schools (membership as an ex-
officio, advisory member of WRCOG, 11/07/2011)
8, Morongo Band of Mission Indians (membership as an ex- officio,
advisory member of WRCOG, 6/4/2013)
20323 00002\1.4941.25.6 24