HomeMy WebLinkAboutContract 0556 e ,sce,
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SUNLINE SERVICES GROUP
JOINT POWERS AGREEMENT
THIS AGREEMENT ( "Agreement" ) is entered into by and
between the County of Riverside and the Coachella Valley Cities
which are parties to this Agreement and other public agencies
which subsequently become members of the SunLine Services Group.
As referred to herein, SunLine Transit Agency, ( "SunLine" ) is the
joint powers entity formed by the SunLine Joint Powers
Transportation Agency Agreement entered into between the County of
Riverside and the Coachella Valley cities on or about May 20,
1977 .
For purposes of this Agreement, the Coachella Valley area
is defined as the territory within the boundaries of the Palm
Springs and Desert Sands Unified School Districts and that portion
of the Coachella Valley Unified School District located within
Riverside County. All parties to this Agreement are governmental
entities in the County of Riverside, State of California.
This Agreement is made and entered into on the aifl4L day
of , 1993, pursuant to Government Code section 6500,
et sea. and other pertinent provisions of law, by and between some
or all of the following public agencies:
1 . City of Cathedral City
2 . City of Coachella
3 . City of Desert Hot Springs
4 . City of Indian Wells
5 . City of Indio
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6 . City of La Quinta
7 . City of Palm Desert
8 . City of Palm Springs
9 . City of Rancho Mirage
10 . 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 . One of the purposes of this Agreement is to
establish a public entity, separate and apart from the parties
hereto and from SunLine Transit Agency.
B. One of the purposes of the formation of the SunLine
Services Group is to empower its members to jointly operate a
compressed natural gas ( "CNG" ) fueling station.
C. Another of the purposes of the formation of the
SunLine Services Group is to implement and coordinate common
governmental responsibilities of the parties hereto on an area-
wide and regional basis pursuant to Implementation Agreements.
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, the parties hereto agree as
follows :
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I .
PURPOSE AND POWERS
1 . 1 Agency Created.
There is hereby created a public entity to be known as
the "SunLine Services Group" . SunLine Services Group is formed by
this Agreement pursuant to the provisions of Government Code
section 6500, et seq. and other pertinent provisions of law.
SunLine Services Group shall be a public entity separate from the
parties hereto and from SunLine Transit Agency.
1 .2 Powers.
1 .2 . 1 SunLine Services Group, as established
hereunder, shall perform all necessary functions to fulfill the
purposes of this Agreement. Among other functions, SunLine
Services Group shall:
( 1) Exercise jointly the common powers of the
parties hereto to operate a CNG fueling station. In exercising
such powers, SunLine Services Group shall have the power in its
own name to:
(a) Adopt policies and procedures for the
operation of services to deliver CNG as
an alternative vehicle fuel at a station
in Thousand Palms, California;
(b) Establish safety requirements in
conjunction with the Southern California
Gas Company for the operation of a CNG
service facility;
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(c) Collect charges for CNG sold to users;
(d) Adopt ordinances and/or resolutions
providing for operation of a CNG service
facility;
(e) To do all other acts reasonable and
necessary in order to carry out the
powers set forth in section 1 .2 . 1( 1)
hereof relating to CNG;
(f) To do all other acts reasonable and
necessary in order to carry out the
powers set forth in section 1 .2 . 1( 1 )
hereof.
(2) Provide for implementation of services to the
parties hereto on an area-wide and regional basis when requested
to do so under the terms of an Implementation Agreement. It is
the intent of the parties that SunLine Services Group shall engage
in no activities which are transit related, that is, activities
which provide transportation services to passengers.
1.2 .2 In furtherance of the powers expressed herein
Services Group shall have the power in its own name to do any of
the following with reference to CNG:
( 1) To exercise jointly the common powers of its
members to manage and administer a CNG service
facility;
(2) To make and enter into contracts;
(3) To contract for the services of engineers,
attorneys, planners, financial consultants
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and, separate and apart therefrom, to employ
such other persons as it deems necessary;
(4 ) To incur debts, liabilities, obligations and
issue bonds;
(5 ) To adopt rules, regulations, policies, bylaws
and procedures governing the operation of
SunLine Services Group;
( 6) To adopt ordinances, rules and regulations
relating to CNG;
(7 ) To apply for an appropriate grant or grants
under any federal, state or local programs for
assistance in developing a CNG facility;
( 8 ) To receive gifts, contributions and donations
of property, funds, services and other forms
of financial assistance from persons, firms,
corporations and any governmental entity;
(9 ) To acquire, own, lease and dispose of
property; provided, however, that SunLine
Services Group shall have no power of eminent
domain;
( 10) To lease, acquire, construct, manage,
maintain and operate any buildings, works
or improvements;
( 11) To sue and be sued in its own name; and
( 12 ) To the extent not herein specifically
provided for, to exercise any powers
authorized by an Implementation Agreement
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in furtherance of this agreement's
purpose.
1 .2 .3 In furtherance of the powers expressed herein
and when authorized pursuant to an Implementation Agreement but
only when so authorized, SunLine Services Group shall have the
power in its own name to do any of the following:
( 1 ) To exercise jointly the common powers of its
members to manage and administer any
Implementation Agreement program;
(2 ) To make and enter into contracts;
(3 ) 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;
(4 ) To incur debts, liabilities, obligations and
issue bonds;
(5 ) To adopt rules, regulations, policies, bylaws
and procedures governing the operation of
SunLine Services Group in accordance with an
Implementation Agreement;
( 6) To adopt ordinances, rules and regulations in
accordance with the provisions of any
Implementation Agreement;
(7) To apply for an appropriate grant or grants
under any federal, state or local programs for
assistance in developing an Implementation
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Agreement program;
( 8) To receive gifts, contributions and donations
of property, funds, services and other forms
of financial assistance from persons, firms,
corporations and any governmental entity;
(9 ) To acquire, own, lease and dispose of property
in accordance with any Implementation
Agreement and subject to the conditions
therein; provided, however, that SunLine
Services Group shall have no power of eminent
domain;
( 10) To lease, acquire, construct, manage,
maintain and operate any buildings, works
or improvements;
( 11 ) To sue and be sued in its own name; and
( 12 ) To the extent not herein specifically
provided for, to exercise any powers
authorized by an Implementation Agreement
in furtherance of said agreement' s
purpose.
II.
ORGANIZATION
2 . 1 Membership.
The parties to SunLine Services Group shall be each
public entity which has executed or hereafter executes this
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Agreement, or any addenda, amendment, or supplement thereto, and
which has not, pursuant to the provisions hereof, withdrawn
therefrom.
2 .2 Duties .
SunLine Services Group shall do whatever is necessary and
required to carry out the purposes of this Agreement and, when
authorized by an Implementation Agreement, to make and enter into
such contracts, incur such debts and obligations, obtain
contributions from the members and perform such other acts as are
necessary to the accomplishment of the purposes of such Agreement
within the provisions of Government Code section 6500, et seq. and
as prescribed by the laws of the State of California.
2 .3 Board of Directors .
2 .3 .1 SunLine Services Group shall be administered
by a Board of Directors (hereafter "Board" or "Board of
Directors" ) representing each of the parties to this Agreement.
( 1 ) Membership of the Board. Each party to this
Agreement shall be represented by one member
of the Board, which member shall be the same
member who represents the party on the board
of directors of SunLine. The members so
designated shall be known as primary members.
(2 ) Alternate Members to the Board. Each party to
this Agreement shall be entitled to
representation by an alternate board member to
serve in the absence of that party's primary
board member. Alternate board members shall
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be those board members designated to serve as
alternate members of the board of directors of
SunLine.
(3 ) Officers . There shall be a Chairman and Vice-
Chairman of the Board of Directors to serve
for a term expiring at the end of each fiscal
year ending June 30 . The Chairman and Vice-
Chairman shall be those persons elected by the
Board of Directors . The Chairman and Vice-
Chairman shall hold office for a period of one
year commencing July 1st of each and every
fiscal year, provided, however, the first
Chairman and Vice-Chairman appointed shall
hold office from the date of appointment to
June 30th of the ensuing fiscal year. Any
officer, employee or agent of the Board of
Directors may also be an officer, employee or
agent of any of the parties hereto or of
SunLine. The appointment by the Board of
Directors of such a person shall be evidence
that the two positions are compatible. The
Board of Directors shall have the authority to
appoint or employ such other officers,
employees, consultants, advisors and
independent contractors as it may deem
necessary.
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2 .4 Principal Office.
The principal office of SunLine Services Group shall be
that of SunLine Transit Agency. The Board of Directors is hereby
granted full power and authority to change said principal office
to another location within the Coachella Valley concurrently with
any change in the principal office of SunLine. Any change shall
be noted but shall not be considered an amendment to this
Agreement.
2 .5 Meetings .
The Board of Directors shall meet at the principal office
of the agency or at such other place as may be designated by the
Board. Regular meetings of the Board shall be conducted
immediately preceding regular and/or special meetings of the board
of directors of SunLine. A regular or special meeting of the
Board of Directors may be called for a time and place other than
that set forth above by resolution adopted by the Board. A copy -
of any such resolution shall be furnished to each party hereto.
Special meetings may also be called by the Chairman of the Board
of Directors or by a majority of the Board of Directors as
provided under Government Code section 54956. Regular, adjourned
regular and special meetings shall be called and conducted in
accordance with the provisions of the Ralph M. Brown Act,
Government Code section 54950, et sec . as it now exists or is
amended.
2 .6 Powers and Limitations Thereon.
All of the powers and authorities of the agency shall
be exercised by the Board of Directors. In exercising any power
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provided by this Agreement or by an Implementation Agreement,
SunLine Services Group shall be subject to any restrictions upon
the manner of exercise of such power as they may apply to a
general law city in the State of California. Unless otherwise
provided herein, each member or participating alternate shall be
entitled to one vote and a vote of the majority of those present
and qualified to vote constituting a quorum may adopt any motion,
resolution or order and take any other action they deem
appropriate to carry forward the objectives of the agency.
2 .6. 1 The Board shall perform the following
functions:
( 1 ) Adopt the budget;
(2 ) Appoint advisory committees as deemed
necessary;
(3 ) Establish policy;
(4 ) Adopt rules and regulations for the conduct of
business; and
(5 ) Approve contracts and perform such other
functions as required to accomplish the
purposes of this Agreement.
2 .7 Voting.
Each member of the Board shall have one vote.
2 .7. 1 Ouorum.
The number of members sufficient to constitute
a quorum shall be fifty percent (50%) of the total number of
parties to SunLine Services Group plus one. The Board may take no
official action in any instance where less than a quorum is
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present.
2.7 .2 Majority Vote.
Adoption of By-laws, amendment of By-laws,
adoption of the annual budget, and such other matters as the Board
may designate shall, subject to the provisions of paragraph 3 .5
concerning:
(i) certain budgets requiring a unanimous vote; (ii)
provisions hereof requiring an approval by two-thirds of the
members of the Board to add new functions by Implementation
Agreement, and; (iii) paragraph 4 .4 concerning certain
expenditures requiring a unanimous vote,
require a majority vote of the entire membership of the Board.
( 1) All other actions taken by the Board shall
require a majority vote of the quorum in
attendance.
(2 ) An abstention shall be considered neither an
affirmative nor a negative vote, but the
presence of the member abstaining shall be
• counted in determining whether or not there is
a quorum in attendance.
2 .8 Minutes.
The General Manager of SunLine Services Group shall cause
to be kept minutes of regular, adjourned regular and special
meetings of the Board of Directors and shall cause a copy of the
minutes to be forwarded to each member.
2 .9 Rules.
The Board of Directors may adopt from time to time such
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rules and regulations for the conduct of its affairs consistent
with this Agreement or any Implementation Agreement.
2 . 10 Committees .
The Board of Directors may, as it deems appropriate,
appoint committees to accomplish the purposes set forth herein.
All committee meetings of SunLine Services Group shall be open to
all members .
2 . 11 General Manager.
There shall be a General Manager of SunLine Services
Group responsible for carrying out the policies and directives of
the Board of Directors . The general manager of SunLine is
designated as the General Manager of SunLine Services Group.
2 . 11 . 1 The General Manager shall:
( 1 ) Prepare and submit to the Board the annual
budgets of SunLine Services Group;
(2 ) Appoint, assign, direct, discipline and remove
SunLine Services Group employees subject to the personnel rules
adopted by the board of directors of SunLine;
(3) Advise the Board on all matters relating to the
operation of SunLine Services Group;
(4) Provide periodic financial reports covering
SunLine Services Group operations in the manner and at the times
determined by the Board, but in no case less than once each fiscal
year;
(5 ) Approve for payment, under the procedures
adopted by the board of directors of SunLine, all valid demands
against SunLine Services Group.
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2 . 12 Additional Officers and Employees .
The Board of Directors shall have the power to appoint
such additional officers and to employ such employees 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 or of SunLine.
2 .13 Bonding Requirement.
The officers or persons who have charge of, handle or
have access to any property of SunLine Services Group in
accordance with section 3 .2 shall file an official bond in
accordance with section 6505 .1 of the California Government Code.
2 . 14 Status of Officers and Employees .
All of the privileges and immunities from liability,
exemption from laws, ordinances and rules, all pension, relief,
disability, workers' 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 Board of Directors shall be deemed, by reason of their
employment by the Board of Directors, to be employed by any of the
members or, by reason of their employment by the Board of
Directors, to be subject to any of the requirements of such
members .
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III .
FUNDS AND PROPERTY
3 . 1 Treasurer/Auditor.
The most senior financial officer of the SunLine staff
is designated the Treasurer and Auditor of SunLine Services Group
to be the depository and have custody of all the money of the
SunLine Services Group from whatever source. The Treasurer shall
possess the powers of, and shall perform the treasurer functions
for, SunLine Services Group and perform those functions required
by Government Code sections 6505 , 6505 .5 and 6505 .6, including any
subsequent amendments thereto.
3 . 1 .1 The Treasurer shall:
( 1 ) Receive and receipt for all money of SunLine
Services Group;
(2 ) Be responsible upon his official bond for the
safekeeping and disbursement of all SunLine
Services Group monies;
(3 ) Pay when due all sums payable on outstanding
bonds and coupons of SunLine Services Group,
if any;
(4) Pay any other sums due from SunLine Services
Group, or any portion thereof, only as
provided hereunder; and
(5 ) Verify and report in writing on or as soon as
practical after the first day of July of each
year to SunLine Services Group, and each of
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the parties to this Agreement, the amount of
money held for SunLine Services Group, the
amount of receipts during the preceding
calendar quarter and the amount paid out
during the preceding calendar quarter.
3 . 1.2 The Treasurer, as depository for SunLine
Services Group, 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. The Treasurer shall perform all of the duties
required of such office by Government Code section 6505, et seg.
3 .2 The General Manager or his designee and the Treasurer are
the officers who shall have charge of, handle or have access to
any property of SunLine Services Group.
3 .3 Expenditure of Funds .
The funds under this Agreement shall be expended only in
furtherance of the purposes thereof and in accordance with the
laws of the State of California. Standard accounting practices
shall be used to account for all funds received and disbursed.
3 .4 Fiscal Year.
SunLine Services Group 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
Board of Directors shall adopt a final budget for the new fiscal
year.
3 .5 Contributions/Public Funds.
In preparing the budget, the Board of Directors, by
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unanimous vote of the members of the Board, shall determine the
amount of funds, if any, which will be required from its members
for the purposes of this Agreement; if any funds are so required,
no budget which provides for an assessment, contribution, advance
or payment to SunLine Services Group by members cities and the
county shall be adopted except on a unanimous vote of the members
of the Board. The Board shall determine the amount of financial
support to be provided by SunLine Services Group members in
accordance with the estimated or actual proportionate use of the
service giving rise to the expense or by any other equitable basis
established by the Board. For example, if an Implementation
Agreement were entered into by all cities relating to a new
service but a member city elects not to have that service done in
its city limits by electing not to participate in the
Implementation Agreement relating to that new service, no expense
or disbursement relating to the new service will be allocated to
that city.
3 .5 . 1 Expenses incurred in connection with the
performance of any Implementation Agreement provided for hereunder
shall be borne solely by the members who are parties to such
Implementation Agreement and in proportion to the use of services
provided for under such Implementation Agreement.
3 .5 .2 Other Expenses incurred by SunLine Services
Group, due to any request by any party to this Agreement resulting
in an unusually large, unanticipated operational or administrative
expense, shall be charged to that party. SunLine Services Group
shall provide advance written notice to the party expected to
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incur any expense provided for by this paragraph in order that the
party may modify or rescind the request giving rise to the
expense.
3 .5 .3 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 eligible and available funds of
SunLine Services Group.
3 .5 .4 The Board of Directors 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 .
3 .5 .5 All contributions and funds shall be paid to
SunLine Services Group and shall be disbursed by a majority vote
of a quorum of the Board of Directors, as authorized by the
approved budget.
IV.
BUDGETS AND DISBURSEMENTS
4.1 Annual Budget.
Except for annual budgets which provide for an
assessment, contribution or advance of payment by member cities or
the county, which budgets must be approved by a unanimous vote
pursuant to the provisions of paragraph 3 .5, the Board of
Directors shall adopt an annual budget for the ensuing fiscal year
by a majority vote of the entire membership of the Board pursuant
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to procedures developed by the Board of Directors . The Board of
Directors may, at any time, amend this budget to incorporate
additional income and disbursements that might become available to
SunLine Services Group for its purposes during a fiscal year.
4 .2 Disbursements .
The Treasurer shall approve all disbursements in
accordance with the budget and with the rules, regulations,
policies, procedures and bylaws adopted by the Board of Directors .
All such disbursements shall be made by check. All checks shall
require two signatures, that of the General Manager and the
Treasurer, or such other officials as the General Manager may
designate.
4 .3 Accounts .
All funds received by SunLine Services Group will be
placed in 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 entities pursuant to Government Code
section 6505, et sec . 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 Board of
Directors .
4 .4 Expenditures Within Approved Annual Budget.
All expenditures shall be made within the approved annual
budget. No expenditures in excess of those budgeted shall be made
without the unanimous approval of the Board of Directors.
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4.5 Audit.
The records and accounts of SunLine Services Group 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 SunLine Services Group
no later than fifteen ( 15 ) days after receipt of said audit by the
Board of Directors.
4 .6 Reimbursement of Funds.
Grant funds received by SunLine Services Group from any
federal, state or local agency to pay for budgeted expenditures
for which SunLine Services Group has received all or a portion of
said funds from the parties hereto shall be used as determined by
SunLine Services Group's Board of Directors.
V.
LIABILITIES
5 .1 Liabilities. - -
The debts, liabilities and obligations of SunLine
Services Group shall be the debts, liabilities and obligations of
SunLine Services Group alone and not of the parties to this
Agreement or of SunLine.
5 .1 . 1 The parties to this Agreement, whether
individually or collectively, do not assume, nor shall any party
or parties be deemed to assume, liability for:
( 1) Any act of SunLine Services Group or for any
act of SunLine Services Group agents or
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employees;
(2 ) The payment of wages, benefits or other
compensation to officers, agents or employees
of SunLine Services Group; or
( 3 ) The payment of workers' compensation or
indemnity to agents or employees of SunLine
Services Group for injury or illness arising
out of performance of this Agreement.
5 .2 Hold Harmless and Indemnity.
Each party hereto agrees to indemnify and hold the other
parties harmless from all liability for damage, actual or alleged,
to persons or property arising out of or resulting from negligent
acts or omissions of the indemnifying party or its employees.
Where the Board of Directors 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 Board of
Directors 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 act or omission shall indemnify, defend and hold all
other parties harmless from any liability for personal injury or
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property damage arising out of the performance of this Agreement.
VI.
ADMISSION AND WITHDRAWAL OF PARTIES
6 . 1 Admission of New Parties.
It is recognized that public entities other than the
original parties may wish to participate in SunLine Services
Group. Additional Coachella Valley public entities may become
parties to SunLine Services Group upon such terms and conditions
as provided by the Board of Directors and the consent of
two-thirds (2/3 ) of the existing parties to SunLine Services
Group, evidenced by the execution of a written addendum to this
Agreement signed by all of the parties, including the additional
party.
6.2 Withdrawal From SunLine Services Group.
It is fully anticipated that each party hereto shall
participate in SunLine Services Group until the purposes set forth
in this Agreement are accomplished. Any party to this Agreement
may withdraw herefrom as of the first day of July of any year, on
at least six months prior notice. Notice of .intent to withdraw
shall be served by delivering to the Board of SunLine Services
Group a certified copy of a Resolution of Intent to Withdraw
adopted by the legislative body of the party withdrawing.
6 .2.1 The withdrawal of any party, either voluntary
or involuntary, unless otherwise provided by the Board of
Directors shall be conditioned as follows:
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( 1 ) Withdrawal shall not relieve the party of its
proportionate share of any debts or other
liabilities incurred by SunLine Services Group
prior to the effective date of the parties '
notice of withdrawal.
(2 ) Withdrawal shall result in the forfeiture of
that party' s rights and claims relating to
distribution of property and funds upon
termination of SunLine Services Group as set
forth in section VII below.
(3 ) Withdrawal from any Implementation Agreement
shall not be deemed withdrawal from membership
in SunLine Services Group.
VII.
TERMINATION AND DISPOSITION OF ASSETS
7 . 1 Termination of this Agreement.
7 . 1 .1 SunLine Services Group 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; provided, however, SunLine
Services Group 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 SunLine
Services Group.
7.1 .2 Any party to this Agreement may terminate its
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rights and obligations under a portion of this Agreement without
affecting its rights or obligations under the remaining portions
of this Agreement. For example, this Agreement concerns the
operation of a CNG service facility; if, by Implementation
Agreement, some new services were later added by Implementation
Agreement, a party could opt out of that portion of the agreement
relating to the new service without affecting the remaining
portions . Such termination shall be effected by giving sixty days
(60) days written notice to SunLine Services Group of the party's
intent to terminate such rights and obligations and termination
shall be effective upon expiration of such 60-day period.
7 . 1 .3 The termination of this Agreement and the
agency created hereby shall be accomplished by written consent of
all of the parties or shall occur upon the withdrawal from SunLine
Services Group of a sufficient number of the agencies enumerated
herein so as to leave less than five of the enumerated agencies
remaining -in SunLine Services Group.
7 .2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any
property interest remaining in SunLine Services Group following
the discharge of all obligations shall be disposed of as the Board
of Directors shall determine with the objective of returning to
each party a proportionate return on the contributions made to
such properties by such parties, less previous returns, if any.
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VIII.
IMPLEMENTATION AGREEMENTS
8 . 1 Execution of Agreement.
8 . 1 . 1 Subject to Board approval as provided in
paragraph 8 . 1 .2 , two (2 ) or more of the public agencies enumerated
herein may execute an Implementation Agreement for the purpose of
authorizing SunLine Services Group to implement, manage and
administer area-wide and regional programs in the interest of the
local public welfare. The costs incurred by SunLine Services
Group in implementing a program, including indirect costs, shall
be assessed only to those public agencies who are parties to that
Implementation Agreement.
8 . 1 .2 The Board of Directors must approve by a two-
thirds vote of the members of the Board any Implementation
Agreement referred to in paragraph 8 . 1 . 1 . No Implementation
Agreement executed in the absence of approval by the Board of
Directors shall be binding on SunLine Services Group.
8 .2 Amendments.
Said Implementation Agreements may be amended from time
to time with the approval of the members to the Implementation
Agreement.
IX.
MISCELLANEOUS
9 . 1 Amendments.
This Agreement may be amended with the approval of not
•
Page 25
LDC\102793\6344\06SUNJPA.A5
1
less than two-thirds (2/3 ) of all members; provided, however, no
provision hereof requiring a unanimous vote or a unanimous
approval for specified action may be amended except on a unanimous
vote approving the amendment.
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 SunLine Services
Group shall exist at such time as this Agreement has been executed
by two or more of the public agencies enumerated herein.
9 .4 Partial Invalidity.
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.
Page 26
LDC\102793\6344\06SUNJPA.A5
Dated: IflCkACC,-- �`� , 1991 CITY OF RANCHO MIRAGE
Approved As To Form:
BY: i`<
C,b tJ4 N&
S Its:City A�ney
if: %Attest:
Dated: a-/4_ . .t / 2__. , 1994e COUNTY OF RIVERSIDE
Approved As To Form:
By:
2j• Its : Patricia A. Larson
County Counse
Attest: CHAIRMAN OF THE BOARD OF SUPERVISORS
ATTEST: APR 2 1 1994
ERA! . MALONEY, .«
Ai
Vir
TM
jay NOV - 2 1993
Page 29
LDC\102793\6344\065IINJPA.A5
/443 3 02/
EXHIBIT "A"
City of Cathedral City City, of La Quinta
6 625 ,...
„-r Rod- -1 '078_105 Calle Estado
Cathedral City, CA 92234 La Quinta, CA 92253
City of Coachella City of Palm Desert
City of Coachella 73-510 Fred Waring Drive
1515-6th Palm Desert, CA 92260
Coachella, CA 92236
City of Desert Hot Springs City of Palm Springs
14411 West &rrve4,5950 /71¢rsfri 6/ 3200 E. Tahquitz Canyon Way
Desert Hot Springs, CA 92240 Palm Springs, CA 92262
City •jof Indian Wells City of Rancho Mirage
44950 El Dorado Drive 69-825 Highway 111
Indian Wells, CA 92210 Rancho Mirage, CA 92270
City of Indio County of Riverside
100 Civic Center Mall 3535 Tenth Street
Indio, CA -92201 Suite 300
Riverside, CA 92501
Page 30
LDC\102793\6344\06SVN PA.AS
9 .5 Successors .
This Agreement shall be binding upon and shall inure to
the benefit of the successors of the parties hereto.
9 .6 Assignment.
The parties hereto shall not assign any rights or
obligations under this Agreement without written consent of all
other parties .
9 .7 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, iespectively.
Dated: . j(Q , -1-9-9-3- CIT 0' CAT •DRAL CIT
Approved As To Form:
/ By: ,- - [r17 i
,� Its . ��.� Z,_
ty torney r' ►' lf
Attes __ ' 1
1
Dated: 1y 4C 2, , 1993 CITY OF COACHELLA
Approved As To Form:
BY `��r/! '►1
Tr _
C. Its .Pops;
�= y' iii•rney
•ttest koa$.e , Gadatia0i.0
Dated: /1-'CA 30 , 199 CITY OF DESERT HOT SPRINGS
Approved As To Form:
/ By•
Its: / )L___
City ttorney N _ /
Attest: 4g1, _, „,,, ',,j
Page 27 41111
LDC\102793\6344\06SUNJPA.A5
Dated: F+ia . , CITY OF INDIAN WELLS
Approved As To Form:
a /Z_?4,
dor- ,
9, ' A° eefio-Z : : (x\ . . ...
pity Attorney i
Attest: �� _ , ,,,tom!
Dated: elf , CITY OF IN' 0
Approved As To Form: / :41) I/
BY: ``
Its: ,dPY/
C. y Attorney
Attest: ■ /` w✓Lli-
Dated: Lptal/ l� , -1-9'9'3 CITY OF LA QUINTA
Approved As To Form:
n � By
,f ai/AloG/•dit44714)41-0 Its: Y / iv/
City Attorney ,
Attest w ' ,-
Dated: February 1, 1994 r thadici CITY OF PALM DESERT
Approved 74001 Form:
By: ./'
i/f ' I I: .1.�_iLl
Cit' ��'torney 1�� %A/
Attes l��`/' mm'mm
Dated: 3/69/-4 , 199Y CITY OF PALM SPRINGS
Approved As To Form:
/ i[
By: Aa
/
Its: A t,
Ci ttorney
Attes ir ;
V
Page 28
LDC\102793\6344\06SUNJPA.A3
Z
Dated: /lzyciA ( S� , 199* CITY OF RANCHO MIRAGE
Approved,As To Form:
.1 r
BY: %" .. .1,..,... , 41P ____
Oç &v� Its : /
City A rney
Attest: 164PUlatot4L �-'� Aasi/•
Dated: 693/m4 4 / 2. , 19 9' COUNTY OF RIVERSIDE
Approved As To Form:
/ BY a. e7c........---.
/� Its : Patricia A. Larson
p.�/, , County Counsel
Attest: CHAIRMAN OF THE BOARD OF SUPERVISOR
_ _
ATTEST:
APW2 1 1994
GERA . MALONEY, C1e- 4,
v
Y // / /.41-41 1 At
4 ' C3.' -'f NOY - 2 1993 Page 29
LDC\102793\6344\06SUNJPA.A5
EXHIBIT "A"
City of Cathedral City .4. City of La Quinta
-60 nr
6.2= oeg .-
Daa'3�;3aS' ,.fie ..gym 1'31x78-105 Calle Estado
Cathedral City, CA 92234 La Quinta, CA 92253
City of Coachella City of Palm Desert
City of Coachella 73-510 Fred Waring Drive
1515-6th Palm Desert, CA 92260
Coachella, CA 92236
City of Desert Hot Sprigs City of Palm Springs
1-1-711 �Fcst Dri ve4j5j0 fern I/✓F. 3200 E. Tahquitz Canyon Way
Desert Hot Springs, CA 92240 Palm Springs, CA 92262
City of Indian Wells City of Rancho Mirage
44950 El Dorado Drive 69-825 Highway 111
Indian Wells, CA 92210 Rancho Mirage, CA 92270
City of Indio -#1. County of Riverside
100 Civic Center Mall 3535 Tenth Street
Indio, CA 92201 Suite 300
Riverside, CA 92501
Page 30
LDC\102793\6344\06SUNJPA.A5